The Issues:

The Court of Appeal was required to consider the correct approach to adopt when considering the level of compensation that may be due in cases where an injury has multiple causes.

The Claimant was dismissed from her employment with the Defendant in 2007 following a period of absence due to work related stress. At first instance, the Employment Tribunal which upheld several of the complaints made, also held that the primary comment that was subject of complaint was an act of sex discrimination. More importantly, the Tribunal held this principal comment had caused the Claimants illness and that BAE was liable for all losses flowing from it.

BAE appealed that decision on the basis that it was wrong in principle for it to be liable for all of the losses flowing, in particular given various other events which they were not legally liable for and which they maintained, contributed to the Claimant’s ill health.