For many people, work is more than a wage. A skilled tradesperson, a nurse, a firefighter or a craftsperson may have built their identity around their job. If an injury means they can never do it again, the law recognises that loss separately from the money they no longer earn.
What is loss of congenial employment?
It is a head of general damages, compensating for the loss of satisfaction, pride and enjoyment that came from a particular job or career. It sits alongside the award for pain, suffering and loss of amenity, and alongside claims for lost earnings.
When does it apply?
When the injury prevents you from returning to a job you particularly valued. Courts have made awards to people in vocational or skilled roles, people who worked hard to qualify, and people for whom the work was a central part of their life. It is less likely where you were in a job you did not especially enjoy, or where you can return to similar work.
How much is it worth?
Awards are conventional and usually modest compared with other parts of a claim, typically several thousand pounds, with higher figures reserved for cases where the loss of a much-loved career is especially marked. The amount depends on how much the job meant to you, how long you might have continued in it and your age.
How do I prove it?
Your own evidence about the job and what it meant to you, supported by statements from colleagues, family and friends, and records of training, qualifications and length of service. Medical evidence must show you cannot return to that work.
How does it relate to a Blamire award?
They are different. Loss of congenial employment compensates for lost job satisfaction. A Blamire award, named after Blamire v South Cumbria Health Authority [1993], is a lump sum for future loss of earnings where the future is too uncertain for a precise calculation. A Smith v Manchester award compensates for being at a disadvantage on the labour market. More than one can apply in the same claim. See future loss of earnings claims.
For how the other parts of a claim are valued, see compensation amounts.
Sources
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.