The employer appealed an award of ten thousand pounds for injured feelings, following a finding of sex discrimination. It was said that the award went beyond compensation to punishment. To vary such an award, the EAT must find some error of principle, or that it was so bad as to be unsustainable. Though the award might be described as generous, it did not meet that test, and the appeal failed.
EAT Sex Discrimination – Injury to Feelings
The Honourable Lord Johnston
EAT/528/01
England and Wales
Citing:
Cited – Skyrail Oceanic Ltd v Coleman CA 1981
Damages in respect of an unlawful act of discrimination may indeed include compensation for injury to feelings.
In contrast to a jury, the Tribunal is expected to give reasons and hence can be judged by those reasons.
Lawton LJ said . .
Cited – Johnson v HM Prison Service and Others EAT 31-Dec-1996
Awards of damages for race discrimination were proper against both the employer, and an individual racist employee. 28k was not too much. Aggravated damages might be appropriate for direct discrimination where a complainant relied upon malice of . .
Compared – Brooks v Charleroi International Ltd 1996
. .
Compared – Caledonia Motor Group Ltd v Reid EAT 1996
. .
Compared – Gbaja-Biamila v DHL International (UK) Ltd and others EAT 1-Mar-2000
EAT Race Discrimination – Injury to Feelings
EAT Race Discrimination – Injury to feelings. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 September 2021; Ref: scu.168342 br>