Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Conduct definition

What does Conduct mean? Conduct describes an employee’s behaviour at work (acts or omissions) against contractual terms, workplace policies and expected standards. In UK employment law, conduct is a potentially fair reason for dismissal under the Employment Rights Act 1996 s.98(2)(b), although the term is not defined in statute. Fairness is assessed under s.98(4) and the Acas Code of Practice on disciplinary and grievance procedures. Case law (including the Burchell test) requires a reasonable investigation, a genuine belief on reasonable grounds that misconduct occurred, and a sanction within the range of reasonable responses. Serious or deliberate misconduct may amount to gross misconduct...

Calculating financial loss in Equality Act 2010 discrimination, harassment and victimisation claims (Great Britain): tort measure, Ogden tables, contingencies, mitigation, future loss, stigma, net earnings and benefits

Published by a LexisNexis Employment expert

Practice notes

This Practice Note outlines how awards for financial loss are determined in prohibited conduct claims under the Equality Act 2010 (EqA 2010). It addresses:

the tortious approach to loss and issues of foreseeability
application of the Ogden Tables
the likelihood that the event (eg dismissal) would have occurred in any case (Chagger v Abbey National)
credit for sums already received and the sequence of deductions
mitigation
past and future loss
stigma damage or stigma loss
loss of earnings and loss of benefits

References to ‘prohibited conduct claims’ include claims for discrimination and/or victimisation and/or harassment. For a summary of the remedies available, see Practice Note: Prohibited conduct claims: remedies overview. For guidance on calculating compensation generally, see Practice Note: Prohibited conduct claims: assessing compensation.

Tortious measure of loss

The correct basis for calculating financial loss in a prohibited conduct claim under EqA 2010 mirrors the sum that would be awarded in a common law tort claim, namely to restore the claimant to the financial position they would have occupied had the breach of EqA 2010 not occurred...

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Web page updated on 21/05/2026

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