stigma. Indeed, subject to the anti-discrimination laws, a prospective employer is under no particular duty to employ anyone who attends for interview. Four of the cases tried by Lightman J. appear to have concerned employees who were dismissed by the liquidators when the bank collapsed in 1991. Those made redundant in 1990 faced the additional hurdle of having to explain why their unemployment was attributable to stigma when they were unable to find jobs for a year before any stigma attached to them. In this context, Johnson (A.P.) v. Unisys Limited [2001] UKHL 13 rejects any interpretation of Addis v Gramophone Co Ltd that might have prevented an action for damage to reputation or for psychiatric injury arising from dismissal, but confirms formidable evidential difficulties on causation: How, for example, would the employee prove that his psychiatric condition was caused by the manner of the dismissal rather than the fact of the dismissal which is within an employer's power for cause? More generally, the case holds that claims for breach of contractual terms cannot be used to avoid statutory preconditions to making claims for unfair dismissal. Recently, in Harper v. Virgin Net [2004] EWCA Civ 271 the Court of Appeal decided that an employee who was summarily dismissed, cannot bring a claim for damages for the loss of the opportunity to initiate a claim for unfair dismissal. If she had served the minimum three-month period of notice stipulated in the contract, she would have been able to bring a claim for unfair dismissal. But although there was a breach of this term as to notice, there was no loss of chance to claim. She had not gained the chance by actually serving the minimum statutory period of twelve months to qualify and the action for breach of a contractual term could not be used to defeat Parliament's intention in specifying a minimum period of actual service. Negligence While the award of damages in tort may protect pre-existing expectations (e.g. of earning capacity or of business profits), a claimant cannot be seen to benefit from the breach of the duty of care. The measure of damages is therefore to ensure that the claimant is "no worse off" having suffered the breach of the duty of care. In each case, the claimant must prove the cause of action on the balance of probabilities. For these purposes, the court is required to speculate