Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202 (13 November 2009)

Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202 (13 November 2009)

Compensation for discriminatory dismissal must reflect the chance that lawful dismissal would have occurred; future loss is not limited to Abbey employment but to the period until equivalent employment is obtained; stigma loss may be recoverable if it flows directly from the original act; statutory uplift may be less than 10% if award size is exceptional; matter remitted to tribunal for reassessment.

Citation
[2009] EWCA Civ 1202
Parties
Appellant: Balbinder Singh Chagger; Respondent: Abbey National PLC; Respondent: Mr Hopkins
Jurisdiction
England and Wales
Judgment Date
13 November 2009
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed in part; matter remitted to Employment Tribunal for reassessment of compensation.
Legal Topics
Race Discrimination, Unfair Dismissal, Compensation Assessment, Statutory Uplift, Mitigation of Loss, Stigma Damages
Employment Law Discrimination Law Tort Law Race Discrimination Unfair Dismissal Compensation Assessment Statutory Uplift Mitigation of Loss +1 more

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Parties

Balbinder Singh Chagger

Appellant

Abbey National PLC

Respondent

Mr Hopkins

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether compensation should be reduced to reflect the chance of lawful dismissal
  2. 2 Whether future loss should be limited to Abbey employment
  3. 3 Whether Abbey is liable for stigma damages

Ratio Decidendi

Compensation for discriminatory dismissal must reflect the chance that lawful dismissal would have occurred; future loss is not limited to Abbey employment but to the period until equivalent employment is obtained; stigma loss may be recoverable if it flows directly from the original act; statutory uplift may be less than 10% if award size is exceptional; matter remitted to tribunal for reassessment.

Court Disposition

Appeal allowed in part; matter remitted to Employment Tribunal for reassessment of compensation.

Orders

  • Remit compensation assessment to Employment Tribunal to determine chance of lawful dismissal and period of loss.
  • Statutory uplift of 2% upheld as within Tribunal's discretion.