Where a tribunal had found unfair dismissal and was considering an award of damages for injury to feelings under the Disability Discrimination Act, it had to recognise the different needs of unlimited awards, and take great care in assessing factual materials.
Morison J said: ‘What one might describe as the relatively brief and informal hearing on remedy appropriate in unfair dismissal cases may not be appropriate where the compensation is uncapped. In the former category of case, the judgment and experience of the lay members may be especially important in relation to the state of the job market in their locality and the potentiality for the applicant obtaining new employment, and thus, the tribunal may not be assisted by much, if any, evidence. But where the case involves unlimited compensation, it will often be the case that the remedies hearing should involve the parties in careful preparation under the management of the tribunal. For this purpose, directions may be required involving, amongst other things, an exchange of statements of case and any witness statements.’
Judges:
Morison J
Citations:
Times 03-Dec-1998, Gazette 06-May-1999, [1999] IRLR 158, [1998] UKEAT 337 – 98 – 1911, [1999] ICR 269
Links:
Statutes:
Disability Discrimination Act 1995
Jurisdiction:
England and Wales
Citing:
See Also – Buxton v Equinox Design Ltd EAT 30-Apr-1998
. .
Cited by:
Cited – Woodlands School (Newton Stewart) Ltd v Gordon EAT 5-Oct-2001
The employer appealed against a finding of disability discrimination. The tribunal was claimed not to have taken account of the codes of practice and the need for a risk assessment.
Held: The absence of a risk assessment mean that no . .
See Also – Buxton v Equinox Design Ltd EAT 30-Apr-1998
. .
Cited – Sterlite Industries (India) Ltd v Bhatia EAT 27-Mar-2003
The respondent had been found to be unfairly dismissed. The appellants wished to appeal and sought disclosure of certain documents from the respondent’s solicitors. They now appealed against that refusal.
Held: The appeal succeeded. The . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 16 August 2022; Ref: scu.206868