EAT Sex discrimination: compensation – An award of compensation for injury to feelings, pursuant to a finding of unlawful discrimination on the grounds of gender or victimisation is to be made without reference to taxation. The Tribunal correctly decided this matter.
Where an employee had, in mitigation of her losses, undertaken an education course, it was a question of fact for the Tribunal to decide whether or not such step was reasonable. The Respondent’s appeal against this Decision was dismissed.
The calculation of loss of pension should be based upon the guidelines to Employment Tribunal Chairmen and, where such pension loss is claimed to extend beyond two years, the substantial loss formula rather than the ‘simplified approach’ should be adopted. Remitted for written submissions to the Employment Tribunal.
Judges:
McMullen QC HHJ
Citations:
[2004] UKEAT 0801 – 03 – 1208, UKEAT/0801/03(2), [2004] IRLR 857, [2005] ICR 374
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Vince-Cain v Orthet Ltd EAT 5-Mar-2004
Unfair Dismissal – Reason for dismissal – Refusal of an application by an employer to argue that it is wrong in law under SDA 1975 section 65 to gross up an award for compensation when its own submission to the opposite effect had been accepted by . .
Cited by:
Cited – Timothy James Consulting Ltd v Wilton EAT 5-Mar-2015
EAT Harassment – SEX DISCRIMINATION – Injury to feelings
SEX DISCRIMINATION – Other losses
The Claimant resigned from the Respondent company and was found by the Employment Tribunal to have been . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination, Damages
Updated: 11 June 2022; Ref: scu.200577
