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19 November 2009
Issue: 7394 / Categories: Legal News
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Tribunals must account for stigma

Court of Appeal rules financial loss should include stigma from bringing discrimination claim

Employment tribunals should take into account the stigma of bringing a discrimination claim when assessing financial loss, the Court of Appeal has held.

In Chaggers v Abbey National, the employment tribunal upheld Abbey National employee Balbinder Chaggers’ claim that his selection for redundancy was motivated by race. He was awarded £2.79m on the premise he would never again be able to find employment in his chosen field of the financial services industry.

Abbey contended that Chaggers would have been made redundant anyway, and that they should not be held responsible for the stigma attached to legal claims by others.

Chaggers countered that he should be compensated for the full loss of the discrimination. He claimed he was discriminated against by potential employers because of the stigma of bringing a claim, the length of time he was unemployed, the issue surrounding his departure and the fact he was applying for jobs that would normally be filled internally.

In an important ruling on the

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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