Long Term loss of Earnings

The Employment Appeal Tribunal has produced another decision, following on the footsteps of Dunnachie (no. 3) last year, warning tribunals against using the Ogden tables when calculating future losses.

Burton P. repeats his warning about using a 'broad-brush' Ogden table approach to future losses, particularly where the Claimant "is as young as 31 or 32" (para. 17.1).

He also made it clear that his warning against an Ogden table based approach applies to discrimination cases as well as unfair dismissal cases (Dunnachie being an unfair dismissal case).

This is another useful decision for Respondents who are resisting substantial long-term loss of earnings claims.

Birmingham City Council v Jaddoo