EmploymentLossExpert

Loss of Earnings in Discrimination Claims: Expert Evidence Guide

Uncapped Financial Loss

Discrimination claims under the Equality Act 2010 carry uncapped compensation for financial losses. Unlike ordinary unfair dismissal (capped until January 2027), discrimination compensation has always required precise loss quantification for high-value claims. Employment loss experts are routinely instructed in disability, race, sex, and age discrimination claims with significant career impact.

Future Loss Methodology

Future loss is assessed based on how long it will realistically take the claimant to find comparable employment, considering labour market conditions, the impact of discrimination on employability, and any need for retraining. Extended future loss periods apply where discrimination has caused permanent career damage.

Injury to Feelings vs Financial Loss

Vento bands govern injury to feelings awards (lower £1,100 to £11,200; middle £11,200 to £33,700; upper £33,700 to £56,200 in 2025). Employment loss experts address financial heads only. Psychiatric injury from discrimination may require a separate medical expert. The tribunal assesses Vento awards independently of financial loss evidence.

Career Impact Analysis

Discrimination may cause lasting damage to career trajectory, particularly where the claimant works in a small sector or has a public profile. Experts conduct labour market analysis to assess whether the claimant can return to comparable earnings and document any permanent reduction in earning capacity.

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