Wardle v Credit Agricole Corporate and Investment Bank

Wardle v Credit Agricole Corporate and Investment Bank

The Tribunal erred in assessing compensation over the claimant’s entire career and in applying the statutory uplift to all heads of loss. The uplift must be proportionate, taking into account the size of the award, and should only apply to losses attributable to the dismissal. Compensation should be recalculated based on the likelihood of the claimant obtaining equivalent employment by June 2011, with the appropriate uplift to be determined after calculation of the loss.

Parties
Appellant/claimant: Wardle; Respondent/employer: Credit Agricole Corporate and Investment Bank (Calyon)
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed; cross-appeal allowed in part; compensation to be recalculated per judgment principles.
Legal Topics
Unfair Dismissal, Victimisation, Race Discrimination, Compensation Assessment, Statutory Uplift, Remedies
Employment Law Discrimination Law Unfair Dismissal Victimisation Race Discrimination Compensation Assessment Statutory Uplift Remedies

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Parties

Wardle

Appellant/claimant

Credit Agricole Corporate and Investment Bank (Calyon)

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal properly assessed compensation for unfair dismissal and discrimination
  2. 2 Whether the statutory uplift under section 31(3) Employment Act 2002 was correctly applied and quantified
  3. 3 Whether compensation for future loss was properly calculated over the claimant’s career

Ratio Decidendi

The Tribunal erred in assessing compensation over the claimant’s entire career and in applying the statutory uplift to all heads of loss. The uplift must be proportionate, taking into account the size of the award, and should only apply to losses attributable to the dismissal. Compensation should be recalculated based on the likelihood of the claimant obtaining equivalent employment by June 2011, with the appropriate uplift to be determined after calculation of the loss.

Court Disposition

Appeal dismissed; cross-appeal allowed in part; compensation to be recalculated per judgment principles.

Orders

  • Compensation to be recalculated based on findings and principles set out in the judgment.
  • Statutory uplift to be applied only to loss referable to the dismissal, not to all heads of loss.