Compensation: Quantifying loss dependent on uncertain future event
This report relates to 1 case(s)
Hayes v Selective Beauty UK Ltd  All ER (D) 04 (Apr) EAT (0 other reports)
In Selective Beauty UK Ltd v Hayes 5.4.05 UKEAT/0582/04/SM , the EAT holds:
- The correct approach to quantifying loss dependent on an uncertain future event is for the court to assess in percentage terms the risk of the event happening following the authority of Allied Maples Group v Simmons and Simmons  1 WLR 1602.
- It was not correct to apply a Polkey  IRLR 503 reduction, calculated on the chances of dismissal, when calculating a possible future loss of opportunity. The two should be calculated separately.
- Where fresh, more accurate evidence was available after the initial hearing it was appropriate for the tribunal to reconsider the case in the light of this evidence.