aramark_graham
EAT Disability Discrimination : Compensation – Practice and Procedure – Costs – The Claimant was found to have been the victim of disability discrimination and harassment and to have been constructively unfairly dismissed. At a subsequent remedies hearing she was awarded compensation for injury to feelings, and past loss of earnings. She was awarded compensation for future loss on the basis of that she would not find work before her 65th birthday, in 2019; the Employment Tribunal assessed future loss using a 5.5 year multiplier. The ET also awarded her andpound;7,500 costs.
On appeal it was argued that the ET had failed to take into account the risks that the Claimant would have been made redundant if not dismissed or would not have been able to cope with the Respondent’s changed working methods and should have applied a lower multiplier.
Held: that the ET had made no error of principle; they had made findings as to those risks which were not said to be perverse. It was accepted that the ET had to look into the future; it had done so in a manner which did not disclose any error of law. There had also been no error of principle with the order for costs.
Burke QC J
[2013] UKEAT 0164 – 12 – 0306
Bailii
England and Wales
Employment, Discrimination, Damages
Updated: 01 November 2021; Ref: scu.510167