Prohibited conduct claims: general financial loss
Published by a LexisNexis Employment expert
Practice notesProhibited conduct claims: general financial loss
Published by a LexisNexis Employment expert
Practice notes
This Practice Note looks at how compensation for financial loss is calculated in prohibited conduct claims under the Equality Act 2010 (EqA 2010). All references in it to ‘prohibited conduct claims’ encompasses claims for discrimination and/or victimisation and/or harassment.
For an overview of the remedies available in prohibited conduct claims, see Practice Note: Prohibited conduct claims: remedies overview.
For information on assessing compensation generally in prohibited conduct claims, see Practice Note: Prohibited conduct claims: assessing compensation.
Tortious measure of loss
The proper measure of an award for financial loss in a prohibited conduct claim under EqA 2010 is the same sum which would be awarded if the victim were making a common law claim in tort, ie to put them back into the financial position they would have been in if the contravention of the EqA 2010 had not happened.
If the dismissal of an employee is prohibited conduct under EqA 2010 and there is a question whether they would have been dismissed anyway even if no prohibited conduct were involved, the tribunal will have to assess
Access this content for free with a 7 day trial of LexisNexis and benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 42 practice areas
Get your quote today and take step closer to being able to benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 36 practice areas
Get a LexisNexis quote
* denotes a required field
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
CONTACT US
