Employment & Discrimination Damages Expert Witness

Employment Tribunal claims for unfair dismissal, discrimination, whistleblowing, and unlawful deduction from wages often require expert evidence on financial loss. A damages expert witness calculates immediate loss from dismissal to the hearing, projects future loss of earnings having regard to labour market conditions and the claimant's mitigation efforts, and quantifies pension loss using Ogden Tables methodology or actuarial evidence for complex schemes.

The Tribunal applies Polkey reductions for chance that the dismissal would have occurred anyway, and contributory fault percentages where the claimant's conduct contributed to dismissal. Expert reports present gross and net figures, address alternative employment obtained or attempted, and model stepped reductions where the claimant is expected to secure comparable employment by a future date. Bonus, commission, LTIP, and benefits in kind are included where they formed part of remuneration.

In discrimination claims, injury to feelings awards fall within Vento bands and are assessed by the Tribunal without expert evidence. The quantum expert confines their analysis to pecuniary heads - earnings, pension, and benefits loss - while distinguishing them from non-pecuniary awards. Reports comply with Tribunal directions and are prepared for exchange with the respondent's expert where joint or single expert directions are made.

Frequently Asked Questions