Ministry of Defence v Fletcher: EAT 9 Oct 2009


Injury to feelings
Where there is overlap between the basis of aggravated damages and compensation for injury to feelings, double counting should be avoided but a reasonable sum may be awarded for uncompensated aggravating elements of the conduct which forms the basis of the awards – Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 paragraph 68 applied. Conduct of proceedings justified part of the award of aggravated damages – Zaiwalla and Co v Walia [2002] IRLR 697 applied. The ET erred in double counting and failing to have regard to the totality of awards for non-pecuniary loss. Aggravated damages reduced to andpound;8,000.
The basis for the award of exemplary damages – the failure of the Army to provide a mechanism for redress of Ms Fletcher’s complaints – did not cross the high threshold of oppressive, arbitrary or contumelious conduct for making such an award – Kuddus v Chief Constable of Leicestershire [2002] AC 122 applied. Further there was no proper basis for the amount of the award of andpound;50,000, arrived at by aggregating the amount awarded in compensation for injury to feelings and aggravated damages. Award of exemplary damages set aside.

Slade J
[2009] UKEAT 0044 – 09 – 0910, [2010] IRLR 25
CitedZaiwalla and Co (a Firm) v Walia EAT 24-Jul-2002
The claimant sought aggravated damages for the aggressive way the respondent firm had defended her action for sex discrimination.
Held: In exceptional circumstances, and this was one, the tribunal could award additional damages where a . .
CitedVento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
CitedOkonu v G4S Security Services (UK) Ltd EAT 11-Feb-2007
EAT Race discrimination
The burden of proof in section 54A of the Race Relations Act 1976 does not apply to cases of direct discrimination on the grounds of nationality or colour. In such cases the less . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Damages

Updated: 09 November 2021; Ref: scu.375966