EAT RACE DISCRIMINATION: Injury to feelings
Tribunal found Claimant to have been dismissed partly because he had made a complaint of racial discrimination – it declined to make any award of injury to feelings or personal (psychiatric) injury because although there was evidence that he had suffered both the Claimant had in his evidence attributed his distress to the dismissal and its manner generally and not to the element of victimisation (of which indeed he was arguably unaware at the time) – it reached that conclusion reluctantly but believed it was bound by the observation of Lawton LJ in Skyrail Oceanic Ltd v Coleman [1981] ICR 864 that ‘any injury to feelings must result from the knowledge that it was an act of sex discrimination . . ‘
Held that the Clamant was entitled to recover for any injury to feelings and personal injury attributable to the act complained of, namely, the dismissal, without the need to attribute the injury specifically to knowledge of the element of discrimination, and that Skyrail was not authority to the contrary.
Citations:
[2009] UKEAT 0385 – 09 – 0911
Links:
Employment, Discrimination
Updated: 11 August 2022; Ref: scu.392536
