Compensation awarded for a pregnancy dismissal was to assume that the worker would ready to work again after six months. Review and guidelines of damages for unfair dismissal for pregnancy. The hypothetical question requires careful thought before it is answered. It is a difficult area of the law. It is not like an issue of primary fact, as when a court has to decide which of two differing recollections of past events is the more reliable. The question requires a forecast to be made about the course of future events. It has to be answered on the basis of the best assessment that can be made on the relevant material available to the court. That includes statistical material. Morison J said: ‘statistics are going to prove a good starting point’ in relation to the question of the length of service, which the applicant has hypothetically lost. Such chances ‘must be assessed sensibly having regard to what happens in real life.’
Judges:
Morison J
Citations:
Independent 15-Sep-1994, Times 02-Aug-1994, [1994] ICR 918
Statutes:
Cited by:
Cited – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Chagger v Abbey National Plc and Another CA 13-Nov-2009
The claimant appealed against the limitation of 2% placed on the uplift of his award of damages for having failed to comply with relevant dispute procedures. The tribunal had found exceptional reasons for reducing the uplift given the size of the . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination, Damages
Updated: 09 April 2022; Ref: scu.83742
