As noted above, many tribunal cases have limited the lost income claim due to the finding of an intervening event which has been found to be one which would have reduced the lost income claim based on the "make-whole" theory.

Fact situations showing that the termination of the complainant's employment was doomed to follow in any event based on performance issues, or the closing of the business or other similar events have been successfully argued to stop or reduce the income loss.

The same arguments have been made to stop the income loss claim, given an employment contract which sets the terminal date, well in advance of the claim made for lost income.

These issues and similar argument are reviewed here and here. Also considered is the employer's defence to a claim of refusal to hire or promote.

Also reviewed is the law on the concept of a notional termination not leading to a claim for statutory severance or a common law claim. That is, given the successful argument that the employment of the complainant was certain to be ended, given for example, the business closing or some such similar event, there can be no claim made in human rights jurisprudence for these claims.

Also the submission of the claim being limited to disability insurance and only disability insurance, given a medical inability to work, as distinct from the common law double dipping concept is considered here.