The respondent appealed an award of pounds 10.000 for damages for an act of direct race discrimination. The claimant, of Afro-Caribbean origin, had been subjected to a racist comment.
Held: Translating hurt feelings into hard currency will always be an artificial exercise (Vento). The reasons for the award of aggravated damages were apparent from the tribunal’s findings. The transgressor had not been punished, but had even been promoted.
Judges:
Ward LJ, Latham LJ, Keene LJ
Citations:
Times 09-Oct-2003, [2003] EAT 0913 – 02 – 0703, Gazette 16-Oct-2003, [2003] EWCA Civ 1675, [2004] IRLR 327
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – British Telecommunications Plc v Reid EAT 7-Mar-2003
. .
Cited – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Alexander v Home Office CA 1988
Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level . .
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 . .
Cited – Alexander v Home Office CA 1988
Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level . .
Cited by:
Appealed to – British Telecommunications Plc v A Reid EAT 7-Mar-2003
EAT Race Discrimination – Direct . .
Lists of cited by and citing cases may be incomplete.
Damages, Discrimination
Updated: 26 May 2022; Ref: scu.186971
