Discrimination – remedies in employment tribunals
Recorded on: 19/04/2024
Any practitioner advising or representing clients in discrimination cases needs to be familiar with the remedies which are available if the claim succeeds.
Those remedies have distinctive features when compared with other employment tribunal cases such as unfair dismissal.
This webinar looks at the following topics:
- Does the loss suffered by the claimant have to be foreseeable?
- Does the claimant have to give credit for all social security benefits?
- Is a deduction permitted for any contributory conduct on the part of the claimant?
- Does the principle in Polkey v AE Dayton apply?
- What criterial are applied to the calculation of future loss: Wardle v Credit Agricole?
- Can stigma damages be claimed on the basis that the claimant cannot find other employment because of their successful pursuit of a discrimination claim?
- How do the Vento bands operate in relation to injury to feelings, and what factors determine which band is appropriate for the case in question?
- What is the position with regard to aggravated and exemplary damages?
- How is psychiatric injury calculated?
- Does the uplift for unreasonable breach of the Acas Code of Practice apply to discrimination cases?
- Where there is judgment against an individual discriminator as well as the employer, who is liable and to what extent: LB Hackney v Sivanvandan?
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