EAT Practice and Procedure – Disclosure – The exercise by an Employment Judge of her discretion to make a case management order requiring the Claimant to disclose information about her pension entitlements was flawed. The information was clearly relevant to an assessment of the chance that the Claimant would have remained in employment until age 70 as she claimed she would have done had she not been discriminated against, and was not disproportionate to the claim which was put by the Claimant at over andpound;900,000. It had to be remembered that where future loss is concerned the assessment is one of chance, not whether on balance a particular event is more likely to happen than not.
Langstaff P J
[2015] UKEAT 0087 – 15 – 0105
Bailii
England and Wales
Employment
Updated: 01 January 2022; Ref: scu.549358