EAT Race Discrimination : Direct – Other losses
This was essentially an appeal on the grounds of perversity which failed to cross the high threshold required for successful appeals on this ground.
The Claimant appealed against a Decision of the Employment Tribunal, that although she had suffered a single act of discrimination on the grounds of race (having rejected some 30 other allegations of discriminatory acts), she had not been dismissed unfairly by reason of her race. This part of the appeal failed on the facts.
She also appealed on the ground that the single act of discrimination caused her to suffer personal injury, contrary to the finding of the Employment Tribunal. This ground of appeal also failed on the facts.
An appeal against an award of compensation for injury to feelings was dismissed as the award was within the Vento guidelines and was of an amount within the bounds of the level of award that the Employment Tribunal could properly make.
An appeal as to the level of the compensation for unfair dismissal was dismissed on the facts.
Serota QC HHJ
[2015] UKEAT 0122 – 14 – 0406
Bailii
England and Wales
Updated: 08 October 2021; Ref: scu.547614