EAT SEX DISCRIMINATION – Other losses
RACE DISCRIMINATION – Other losses
Appellant gives notice to leave the Army as a result of sex and race discrimination (see [2010] IRLR 471) – During notice period offered a new posting on the basis that it would resolve the childcare difficulties which had given rise to the discrimination claim – Offer not accepted – At remedy hearing awarded compensation for injury to feelings but no compensation for loss of earnings, on the basis that she had failed to mitigate her loss, and no aggravated damages.
Held, dismissing appeal:
(1) Tribunal entitled to find that Appellant had failed to mitigate her loss – Wilding v British Telecommunications Plc [2002] ICR 1079 followed
(2) Tribunal not obliged to make an award of aggravated damages
Judges:
Underhill P J
Citations:
[2011] UKEAT 0075 – 11 – 1509
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – F and G Cleaners v Saddington and Others EAT 16-Aug-2012
EAT UNFAIR DISMISSAL – Mitigation of loss
The Claimants worked for Respondent 1 who supplied window cleaning services under contract to a local authority. The contract was subject to a re-tendering process; . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 20 September 2022; Ref: scu.445647