EAT DISABILITY DISCRIMINATION – Loss/mitigation
The appeal concerned a Remedy Judgment after a finding that he was entitled on the grounds to compensation for discrimination on the grounds of disability – failure to make reasonable adjustments, arising in consequence of disability and harassment.
The Claimant claimed that a finding by the Employment Tribunal that the Claimant would be able to recover his post termination earnings within 12 months was not adequately supported by the evidence. This ground of appeal was rejected on the basis that future loss always contained an element of speculation, and although the evidence was somewhat impoverished, the Employment Appeal Tribunal could not say that the finding was unsupported by the evidence. It was not for the Employment Appeal Tribunal to substitute its views for those of the Employment Tribunal or to second guess the Employment Tribunal.
The other ground of appeal was that the Employment Tribunal had estimated the earnings the Claimant might have received in the 12 months before regaining full capacity without any evidential basis. The reasoning of the Employment Tribunal in this regard was unsatisfactory and this issue was remitted to the same Employment Tribunal.
Serota QC HHJ
[2014] UKEAT 0306 – 14 – 0512
Bailii
England and Wales
Employment, Discrimination
Updated: 03 January 2022; Ref: scu.551975