LIST OF CASES / Chagger v Abbey National PLC CA 2009

[2009] EWCA Civ 1202, Court of Appeal on 13th November 2009, reported at [2010] ICR 397 (also reported at [2010] IRLR 47)
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NOTES

Chagger v Abbey National PLC & Hopkins, [2009] EWCA Civ 1202, Court of Appeal on 13th November 2009, reported at [2010] ICR 397 (also reported at [2010] IRLR 47)

The full text of this judgment is available free of charge on the BAILII website
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Representation:

Mr John Bowers QC and Miss Joanna Heal instructed by Messrs Winckworth Sherwood, Solicitors, 35 Great Peter Street, London SW1P 3LR for Mr Chagger, the appellant

Mr Christopher Jeans QC and Mr Mark Sutton instructed by Messrs DLA Piper UK LLP, Victoria House, Victoria Square, Birmingham B2 4DL for Abbey National and Mr Hopkins

Authority for the proposition that:-

Compensation for future loss in a discrimination/dismissal case:

need not be limited to the period for which the claimant would have remained with the employer if unlawful discrimination had not taken place;
can include an amount for "stigma" to take into account any difficulty the claimant can show he would have in finding alternative employment because he had brought a discrimination claim against the employer, but
can be reduced to reflect the chance that the employee would have been dismissed lawfully in any event.

For relevant general notes see Racial discrimination/burden of proof and/or Racial discrimination/compensation for and/or Compensation/a general introductory note and/or Pensions/compensation for loss of .

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prepared November 2009