Employment Lawyers Can Answer Your Employment Law Questions
Hi, no there is no cap on lost earnings in discrimination claims. Unless you are claiming for the injury to feelings which I discussed earlier, damages to ill health are going to amount to a personal injury claim.
There are two types of damages available for personal injury claims:
· General damages, which are intended to cover such things as pain, suffering and loss of amenity, and are calculated in accordance with the Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases
· Special damages, which are available for financial loss arising out of the injury, such as medical expenses and loss of earnings. These will normally be dealt with when assessing financial loss arising out of the discrimination itself. If the tribunal finds that the claimant cannot, or is unlikely to, work again as a result, the tribunal can calculate the loss arising out of the discrimination by using the Ogden Tables (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245859/ogden_tables_7th_edition.pdf)
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