The EAT held in Wardle v Credit Agricole Corporate and Investment Bank (a race discrimination claim) that career long loss should only be awarded up to the point in time when it was "at least possible", rather than certain, that an employee would secure an equivalent job. Losses beyond that date should be ignored.

Career long losses were held only to be appropriate in exceptional circumstances when an employee was unlikely ever to secure a similar job. Whilst such awards will involve a certain level of speculation on the part of Tribunals, which therefore cannot make an award with absolute accuracy, it is helpful for employers to note that career long compensatory awards are considered the exception, rather than the rule.