Beart v HM Prison Service [2005] EWCA Civ 467 (26 April 2005)

Beart v HM Prison Service [2005] EWCA Civ 467 (26 April 2005)

An employer who has committed both disability discrimination and unfair dismissal cannot rely on the unfair dismissal, even if subsequent, to break the chain of causation for damages arising from the discrimination. The chain of causation is not broken by the employer's own further wrongful act, and damages for loss of earnings and injury attributable to the discrimination are not subject to the statutory cap for unfair dismissal.

Citation
[2005] EWCA Civ 467
Parties
Respondent/applicant: Jacqueline Ann Beart; Appellant/respondent: Her Majesty's Prison Service
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Appeal From Employment Appeal Tribunal / Appeal on Remedies (damages) After Findings of Liability for Disability Discrimination and Unfair Dismissal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Damages, Causation, Remedies, Costs
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Damages Causation Remedies Costs

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Parties

Jacqueline Ann Beart

Respondent/applicant

Her Majesty's Prison Service

Appellant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Appeal on Remedies (damages) After Findings of Liability for Disability Discrimination and Unfair Dismissal

Legal Issues

  1. 1 Whether unfair dismissal breaks the chain of causation for damages arising from prior disability discrimination
  2. 2 Whether damages for loss of earnings should be capped by statutory limits for unfair dismissal when both unfair dismissal and disability discrimination are found
  3. 3 Whether the employer can rely on its own wrongful act to limit liability for damages

Ratio Decidendi

An employer who has committed both disability discrimination and unfair dismissal cannot rely on the unfair dismissal, even if subsequent, to break the chain of causation for damages arising from the discrimination. The chain of causation is not broken by the employer's own further wrongful act, and damages for loss of earnings and injury attributable to the discrimination are not subject to the statutory cap for unfair dismissal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Employment Tribunal's findings and awards on damages and costs upheld