How should a tribunal assess the calculation of life-long damages in whistleblowing cases?
Carefully, held the EAT in BMI Healthcare Ltd v Shoukrey.
The Claimant was a gynaecologist who succeeded in a whistleblowing detriment claim against the Respondent, a private hospital provider. The tribunal awarded him loss of earnings of £880,302 based upon 10 years of career losses. The Responded appealed on the grounds that the tribunal had failed to properly consider:
(i) the extent to which the Claimant's losses were caused by the detriments;
(ii) the possibility that the hospital would close in the future;
(iii) the possibility that the Claimant's career would not have progressed as claimed; and
(iv) whether it would be reasonable to expect the Claimant to relocate to mitigate his loss.
The EAT upheld all four appeal grounds and remitted the claim to a new tribunal panel to reassess the Claimant's loss of earnings. The decision largely stands on its own facts but will be of use to Respondents seeking to argue against overly optimistic projections of career losses.
Thanks to Mark Alaszewski of didlaw for preparing this case summary.