CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term
DISABILITY DISCRIMINATION – Compensation
DISABILITY DISCRIMINATION – Loss/mitigation
The Respondent appealed the decision of an Employment Tribunal on remedy for disability related discrimination and unfair dismissal that the Claimant should be awarded compensation for loss of long term disability benefits until retirement age or earlier death as the other terminating provision ‘return to work’ meant return to the job he was performing when he went sick and the evidence was that he would never again be able to perform those duties. The Employment Tribunal did not err in their construction of ‘return to work’ or in doing so in taking into account the terms of the Insurance Policy which was referred to in the incorporated Employee Booklet on such benefits as being provided by such a policy. Jowitt v Pioneer Technology (UK) Ltd [2003] IRLR 356 considered. Appeal of the Respondent dismissed.
The Employment Tribunal erred by failing to make an award for injury to feelings or by failing to give adequate reasons for not doing so. Appeal by the Claimant allowed.
Claim remitted to the Employment Tribunal for determining compensation for loss of long term and associated benefits and the issue of mitigation. Claim for aggravated damages also remitted for determination.
Citations:
[2019] UKEAT 0133 – 18 – 2703
Links:
Jurisdiction:
England and Wales
Employment, Discrimination, Damages
Updated: 09 June 2022; Ref: scu.635155
