EAT Race Discrimination : Injury To Feelings RACE DISCRIMINATION – Other losses
UNFAIR DISMISSAL – Compensation
UNFAIR DISMISSAL – Mitigation of loss
UNFAIR DISMISSAL – Contributory fault
UNFAIR DISMISSAL – Polkey deduction
PRACTICE AND PROCEDURE – Costs
Appeal in respect of remedy (in a case in which the Employment Tribunal had found both Claimants were unfairly dismissed and that dismissal was an act of race discrimination against them) on the basis that Employment Tribunal failed to deal with ‘Polkey’, took a punitive rather than compensatory approach, did not find that the First Claimant had failed to mitigate her loss, and said insufficient by way of Reasons was rejected; against a second Claimant, it was said that the Employment Tribunal should have awarded more than 35% by way of deduction for contributory conduct, and had awarded too much for injury to feelings, and also said insufficient. This too was rejected.
Appeals having been allowed by consent against the Employment Tribunal’s failure to deduct earnings actually received from the losses of salary caused by the dismissals, the Appellant applied for an order that the First Claimant should pay half the fees paid in appealing. This too was rejected with some observations about the power and its exercise at appellate level.
Langstaff P J
[2014] UKEAT 0037 – 14 – 1510, [2015] ICR 375
Bailii
England and Wales
Employment, Discrimination, Damages
Updated: 23 December 2021; Ref: scu.539293