How is compensation for financial loss calculated by an employment tribunal in a discrimination case?
There is no limit on the amount of compensation that can be awarded in a claim for discrimination. In non-promotion or non-appointment cases, a tribunal will assess the sums that would have been earned if the claimant had been promoted or appointed. This will be assessed on a "loss of chance" basis. The tribunal will assess the percentage chance that the claimant would have been promoted or appointed if the discrimination had not occurred, and award compensation by reference to that percentage chance.
In dismissal cases, evidence will be required as to the loss of earnings from the post, which includes all types of remuneration, including basic pay, regular bonus payments and any loss of fringe benefits, for example a company car.
Employment tribunals must also take into account loss of future earnings, bearing in mind the length of time that it may take the individual to get another job, the age of the individual and whether or not they are disabled.