EAT SEX DISCRIMINATION – COMPENSATION
H, a partner in a firm of solicitors, PWW, by whose predecessor C had previously been employed gave an unfavourable reference to another firm, S, with whom she was seeking employment – Job offer withdrawn in consequence – Both H and S held to have been influenced by previous protected act on the part of C and thus all three held to have discriminated against C by way of victimisation – Tribunal holds that S’s act in withdrawing the offer ‘broke the chain of causation’, so that H and PWW were not liable for any loss of earnings consequent on the loss of the job – andpound;7,500 awarded for injury to feelings by reference to Vento guidelines.
Held:
(1) Tribunal wrong to find loss of earnings too remote – Observations on whether loss should be apportioned as between H and PWW on the one hand and S on the other
(2) Award for injury to feelings unimpeachable, notwithstanding absence of explicit reference to incidence of inflation since Vento
Judges:
Underhill P J
Citations:
[2010] UKEAT 0189 – 10 – 2109, [2011] IRLR 18, [2010] IRLR 572
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Pothecary Witham Weld (A Firm) and Another v Bullimore and Another EAT 29-Mar-2010
EAT VICTIMISATION DISCRIMINATION
SEX DISCRIMINATION – Burden of Proof
Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought . .
Cited by:
Cited – Sunderland City Council v Brennan and Others EAT 2-May-2012
EAT PRACTICE AND PROCEDURE – Contribution
PRACTICE AND PROCEDURE – Disclosure
(1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 25 August 2022; Ref: scu.425019