EAT Sex Discrimination: Injury to Feelings and Other Losses
In the light of the finding at the liability hearing, upheld by the CA, that the Claimant should have been offered the opportunity to take the new post (after redundancy in respect of her old post during her maternity leave) on a job-share basis, the ET did not err in not discounting compensation on a loss of a chance basis. ET however erred in awarding andpound;14,000 for injury to feelings, which took into account irrelevant factors and was excessive (some attention being paid to the EOR guide of similar cases which, if adopted with caution, is a useful document) and was (conservatively, because of the exercise of substitution which was adopted at the invitation of the parties instead of remission) substituted by andpound;10,000.
Judges:
Burton P J
Citations:
UKEAT/0700/04, [2005] UKEAT 0700 – 04 – 2811
Links:
Citing:
See Also – Hardys and Hansons Plc v Lax CA 7-Jul-2005
The issue of justification of discrimination is rarely a simple matter. No margin of appreciation was to be allowed to an employer. It is for the tribunal to make its own judgment as to whether the practice complained of by the employee was . .
Lists of cited by and citing cases may be incomplete.
Employment, Costs
Updated: 04 July 2022; Ref: scu.236841