EAT Equality Act 2010 section 27B. Victimisation. The claimant applied for a vacancy advertised by the respondent. He was qualified for the post and was the only applicant. The respondent shortlisted him but prior to interview decided to withdraw the vacancy. The HR department of the respondent thought that there was a high risk of the claimant complaining of discrimination if he was not offered the post, due to his history when previously employed by the respondent. The ET found that was the reason he was not interviewed. There were also discussions within the respondent about the need to fill the vacancy for reasons connected to reorganisation. It may have decided not to fill it in any event. The ET found that the claimant had been subject to victimisation and awarded compensation in respect of loss of a chance. It found that the claimant had a 10% chance of being appointed and reduced compensation accordingly. The claimant appealed against the reduction in compensation. The respondent cross appealed on the amount of compensation.
Held: appeal and cross appeal refused. The ET was entitled to decide that the claimant had lost a slender chance of appointment and to reduce compensation accordingly. The ET had given clear reasons for its decision on the sums awarded under injury to feelings and for future loss. There was no error in law. The figure for injury to feelings was high, but not so high as to permit reconsideration by the EAT.
Hon Lady Stacey
[2014] UKEAT 0021 – 14 – 2811
Bailii
England and Wales
Employment, Discrimination
Updated: 03 January 2022; Ref: scu.551973