The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for aggravated damages. The EAT has power to review an award of damages. The award of aggravated damages was inconsistent with Scottish law, and was set aside, with the award of interest being reduced proportionately.
EAT Sex Discrimination – Injury to Feelings
The Honourable Lord Johnston
EAT/424/01
Sex Discrimination Act 1975, Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
England and Wales
Citing:
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 – McConnell v Police Authority for Northern Ireland 1997
An award of aggravated damages should not be an extra sum over and above the sum which the Tribunal of fact considers appropriate compensation for the injury to the claimants feelings, and that aggravated damages should not be treated as an extra . .
Cited – Alvis v Harrison HL 1989
The dominant tenement lay on both sides of the servient land, a driveway running North South leading to the A73 highway. To the West of the driveway, on part of the dominant tenement, stood a house. The owner of the house wished to construct a new . .
Cited – Black and Others v The North British Railway Company 1907
The widow and children of man who had been killed while travelling as a passenger on one of their trains claimed damages against the railway company. A court of seven judges was asked to lay down the principles on which on which damages should be . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 September 2021; Ref: scu.168344
