British Telecommunications Plc v Reid

British Telecommunications Plc v Reid

The Employment Tribunal was entitled to take into account the consequential effects of the act of discrimination, including the unjustified disciplinary investigation, stress, and prolonged grievance process, in assessing damages for injury to feelings. The employer's failure to sanction the transgressor and the promotion of the transgressor during the ongoing investigation were relevant factors justifying an award of aggravated damages. The Tribunal's reasoning, though brief, was sufficient, and there was no error of law or excessive award warranting appellate intervention.

Parties
Appellant: British Telecommunications PLC; Respondent: Reid
Jurisdiction
England and Wales
Judgment Date
06 October 2003
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Damages for Injury to Feelings, Aggravated Damages, Employer Liability
Employment Law Discrimination Law Race Discrimination Damages for Injury to Feelings Aggravated Damages Employer Liability

Case Brief

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Parties

British Telecommunications PLC

Appellant

Reid

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 What is the proper amount of damages for direct race discrimination?
  2. 2 Are aggravated damages appropriate in the circumstances of this case?

Ratio Decidendi

The Employment Tribunal was entitled to take into account the consequential effects of the act of discrimination, including the unjustified disciplinary investigation, stress, and prolonged grievance process, in assessing damages for injury to feelings. The employer's failure to sanction the transgressor and the promotion of the transgressor during the ongoing investigation were relevant factors justifying an award of aggravated damages. The Tribunal's reasoning, though brief, was sufficient, and there was no error of law or excessive award warranting appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The award of £6,000 for injury to feelings and £2,000 for aggravated damages is upheld.