This was an appeal against the decision at a remedies hearing, following the conclusion that the employee had suffered discrimination on grounds of disability. The employee contended she had suffered a serious psychiatric injury as a result of the unlawful discrimination which prevented her from working for the foreseeable future and which required round the clock care. The Employment Tribunal awarded compensation of pounds 4,670,535 (which the parties are agreed should be altered to pounds 4,724,801 to reflect interest accruing prior to the date of the Employment Tribunal’s Judgment). The employer appealed.
The issues in the appeal concerned the Tribunal’s decisions on (a) whether it was necessary to assess the employee’s capacity to conduct the litigation at the time of the remedies hearing; (b) whether (and to what extent) the psychiatric injury was caused by the discrimination; (c) whether the employee had exaggerated her condition; and (d) the sufficiency of the Tribunal’s reasons for preferring the evidence of one expert witness over another.
The appeal was dismissed, save in respect of one ground of appeal which concerned the Employment Tribunal’s conclusion that no assessment of the employee’s capacity to conduct litigation had been required. The Employment Appeal Tribunal concluded that there was no need to remit the question of assessment to the Employment Tribunal. The failure to assess had not rendered the Employment Tribunal proceedings void, and did not constitute unfairness to the employer in the conduct of the proceedings amounting to an error of law.
Citations:
[2020] UKEAT 0266 – 18 – 2702
Links:
Jurisdiction:
England and Wales
Employment
Updated: 10 November 2022; Ref: scu.649250