In Wardle v Credit Agricole Corporate and Investment Bank (Known as Calyon UK) the Employment Appeal Tribunal ("EAT") examined the remedy ordered by an employment tribunal. The tribunal had held that the principal reason for the employee's dismissal was that he had brought a race discrimination claim. In addition to upholding the discrimination claim, the tribunal held that the employee's dismissal was unfair and an act of victimisation. The employer had also failed to follow the statutory dismissal and disciplinary procedure (DDP).

Of particular interest is the EAT's decision that a tribunal can award compensation to reflect the likelihood that the employee will suffer career-long loss as a result of a discriminatory dismissal. The EAT also reiterated that aggravated damages should not be rolled-up into an injury to feelings award and considered how to determine the appropriate level of uplift to apply to an award for breach of the DDP. After a tribunal has decided on the percentage uplift it must review the amount of compensation that the employee would receive as a result. Where the amount is disproportionately large, either on its own or when compared to the rest of the award, the tribunal should reduce the uplift.