sash_kingEAT201412
EAT Contract of Employment : Sick Pay and Holiday Pay – AGE DISCRIMINATION
1. The Tribunal erred in law by assuming, without making any necessary findings, that the Claimant was unable to take paid leave because it would have been refused by the Respondent if he had asked for it. The conclusion that he was on that footing entitled to claim pay for holiday not taken over a 14 year period as a series of deductions from wages could not stand and would be remitted.
2. The Tribunal erred in assessing the proper award for injury to feelings for an unlawfully age discriminatory dismissal by:
(a) erroneously discounting such award on the basis that the Claimant could have been lawfully dismissed at any time; and
(b) failing to apply the 10% increase identified by Simmons v Castle
Simler DBE J
[2014] UKEAT 0057 – 14 – 0112
Bailii
England and Wales
Employment, Discrimination, Damages
Updated: 02 November 2021; Ref: scu.539396