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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Are lost earnings and discrimination case capped at

Customer Question

Hi, are lost earnings for victimisation and discrimination case capped at £450 a week. Also, as a general rule how would the tribunal assess damages for physical ill health resulting in ability to work?Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

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)

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.The respondent has requested a 2 week extension to the deadline for exchanging witness statements which is today. They say they want to call an hr manager who has left the company but still will not confirm that she is willing to attend. I think it is a delaying tactic, my partner would like to call a witness in the HR department such as the HR director who will speak about company policies etc. All the advice I have read is that it is a bad idea to call an unwilling witness from the other side and that you cannot cross examine. Please could you explain what my options are because as my partner is unrepresented, he would like to cross examine someone. The respondent said previously that they would provide a witness of seniority, but as at the deadline they have not provided a statement.Thank you for your assistance
Customer: replied 1 year ago.
Please could you reply to the above question. Thank you
Expert:  Ben Jones replied 1 year ago.

Hi there if you have further questions not related to the original query asked here please post as a new quesiton for my attention and I will deal with them ASAP, thank you