Sema UK Ltd v Haddock [2002] EWCA Civ 361 (7 March 2002)

Sema UK Ltd v Haddock [2002] EWCA Civ 361 (7 March 2002)

Permission to appeal is granted only in respect of the awards for injury to feelings (£20,000) and aggravated damages (£10,000), as there is an arguable case that the Tribunal failed to provide adequate reasons and may have double-counted. The award for psychiatric injury (£35,000) stands, as the Tribunal's reasoning was sufficient and based on evidence of discrimination by Miss Davis.

Citation
[2002] EWCA Civ 361
Parties
Claimant/appellant: SEMA UK LTD; Defendant/respondent: JOHN HADDOCK
Jurisdiction
England and Wales
Judgment Date
07 March 2002
Procedural Posture
Appeal From Employment Appeal Tribunal / Application for Permission to Appeal
Outcome
Permission to appeal granted in part
Legal Topics
Disability Discrimination, Procedural Fairness, Damages Assessment
Employment Law Discrimination Law Disability Discrimination Procedural Fairness Damages Assessment

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Parties

SEMA UK LTD

Claimant/appellant

JOHN HADDOCK

Defendant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in refusing to consider the merits appeal due to absence of notice of appearance
  2. 2 Whether the Employment Tribunal erred in its assessment and allocation of damages for psychiatric injury, injury to feelings, and aggravated damages

Ratio Decidendi

Permission to appeal is granted only in respect of the awards for injury to feelings (£20,000) and aggravated damages (£10,000), as there is an arguable case that the Tribunal failed to provide adequate reasons and may have double-counted. The award for psychiatric injury (£35,000) stands, as the Tribunal's reasoning was sufficient and based on evidence of discrimination by Miss Davis.

Court Disposition

Permission to appeal granted in part

Orders

  • Permission to appeal allowed limited to grounds relating to injury to feelings and aggravated damages
  • No permission granted regarding psychiatric injury damages