EAT Disability Discrimination: Compensation – Ground 1 of the grounds of appeal argued that the Judgment of the Court of Appeal in Fox v British Airways plc [2013] EWCA Civ 972, [2013] ICR 1257 pursuant to which the estate can recover against the Respondent losses which the Claimant and her children have suffered was wrongly decided but it is, of course, binding on this Tribunal, and counsel reserved the Respondent’s position for further argument in the Court of Appeal. Therefore we dismissed that ground. Grounds 3 and 4 of the grounds of appeal raised the question as to whether the Employment Tribunal had reached a perverse conclusion as to whether there was an 80 per cent chance of the deceased still having been employed at the date of his death. We concluded that there was sufficient evidence to support that conclusion and dismissed the appeal.
Hand QC HJH
[2016] UKEAT 0152 – 15 – 2001
Bailii
England and Wales
Employment
Updated: 14 January 2022; Ref: scu.562524