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Compensation: Quantifying loss dependent on uncertain future event

This report relates to 1 case(s)

  • expand disabled

    Hayes v Selective Beauty UK Ltd [2005] All ER (D) 04 (Apr) EAT (0 other reports)

Key points

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 [1995] 1 WLR 1602.
  • It was not correct to apply a Polkey [1987] 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.