Ahsan v The Labour Party: EAT 29 Jul 2011


Claimant discriminatorily prevented by Labour Party from being selected as a candidate for election to Birmingham City Council in elections in 1998, 1999 and 2000 – Suspended from party membership in March 2002 and, partly in consequence, leaves the party in 2004
Awarded compensation at remedy hearing for loss of allowances that he would have received as a councillor, as follows:
(a) from May 1998 to May 2002, in full;
(b) from May 2002 to May 2004, nothing, on the basis that he had been lawfully suspended;
(c) from June 2004 to May 2008, 25% of the amount of the allowances that he would have received, on an assessment of the chances that he would have been selected and elected in 2004;
(d) from May 2008, nothing, on the basis that no such loss had been proved and that in any event it would be too remote.
(1) Allowing the appeal in part, that the Claimant was entitled to lost allowances for the entirety of the period to June 2004 (i.e. including period (b)) because if elected in 2000 he would have served to that date and his suspension as a member of the Labour Party would not have affected his entitlement to allowances as a councillor
(2) Allowing the cross-appeal in part, that the Claimant was not entitled to any compensation in respect of lost allowances from June 2004 since the reason that he had not been selected or elected on that occasion or thereafter was because he had left the party and not because of his unlawful non-selection in 1998-2000 – Essa v Laing Ltd [2004] ICR 746 applied; Beart v Prison Service (no. 2) [2005] ICR 1206 distinguished

Underhill P J
[2011] UKEAT 0211 – 10 – 2907
England and Wales

Employment, Discrimination, Damages

Leading Case

Updated: 01 November 2021; Ref: scu.442774