Posted: Friday, 4 January 2019 @ 13:43
According to press reports, after 29 years with Channel 4 Racing, on a rolling annual contract, Mr McCrimick says that he has been sacked without any consultation or cogent explanation, McCrimick is claiming or the loss of future earnings, future earnings, unfair career damaging, public humiliation, stress and mental anguish, and seeking £500,000.
Furthermore he is seeking a further exemplary, punitive £2.5m damages.
Overall, punitive or exemplary damages can be recovered in discrimination claims but only in quite rare circumstances (and are more often awarded against government bodies).
This is not the United States, yet.
In the UK, generally the amounts tend to be a few thousand pounds rather than a few million.
There has been discussion on the relevant Linked In forum and a number of us lawyers have formed the view that irrespective of liability, Mr McCrimick has not got a chance of getting anywhere like this sum he is claiming.
Neverthless as someone told me on the forum "If everyone could see the merit of their claims and defences in the cold light of day all the way through, and acted honourably, reasonably and fairly on that, lawyers would be much the fewer and poorer. "
On that basis, Channel 4's lawyers should be quite content.
Justin Patten