The Claimant won his claims of (i) disability discrimination by failure to make reasonable adjustments; and (ii) victimisation. At a subsequent remedy hearing, it accepted evidence that, as a result of the Respondent’s discriminatory conduct, the Claimant developed a severe depressive episode which had made him permanently unfit for work. The ET made an assessment of past and future wage loss and pension loss to the date of retirement but reduced that figure by 80% to reflect its assessment of the possibility that the Claimant would, in any event, have sought and obtained ill health retirement on grounds unrelated to his severe depressive episode or, alternatively, that his employment with the Respondent would have terminated by 31 March 2017, either by dismissal by the Respondent on the basis of an irretrievable breakdown in working relationships or by a mutually agreed termination of employment on agreed terms. The Claimant and the Respondent appealed.

The EAT allowed the Claimant's appeal. He was correct to submit that the tribunal had erred in law in several material respects in reducing the award for past and future wage loss and pension loss. The EAT dismissed the Respondent's cross appeal. The Respondent’s submission that financial loss inevitably ceased at the date when the Claimant would have been lawfully dismissed was wrong. It was based upon the same error of law made by the ET. On the findings of fact made by the ET, there was also no basis on which to apportion harm.