Danny Duployen v Whyte & Mackay Limited
The tribunal did not err in refusing reinstatement or re-engagement, in its assessment of injury to feelings, or in its approach to mitigation of loss. The tribunal erred only in failing to award interest on compensation for discrimination, which is now ordered.
- Parties
- Appellant: Danny Duployen; Respondent: Whyte & Mackay Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 01 July 2025
- Procedural Posture
- Employment Appeal / Judgment on Appeal
- Outcome
- appeal dismissed except as to interest
- Legal Topics
- Constructive Dismissal, Disability Discrimination, Remedies for Unfair Dismissal, Injury to Feelings, Mitigation of Loss, Interest on Awards
Case Brief
Summary, issues, holding and outcome
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Parties
Danny Duployen
Appellant
Whyte & Mackay Limited
Respondent
Procedural Posture
Employment Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the tribunal erred in not ordering reinstatement or re-engagement
- 2 Whether the tribunal erred in assessing injury to feelings at the lower band
- 3 Whether the tribunal erred in its approach to mitigation of loss
Ratio Decidendi
The tribunal did not err in refusing reinstatement or re-engagement, in its assessment of injury to feelings, or in its approach to mitigation of loss. The tribunal erred only in failing to award interest on compensation for discrimination, which is now ordered.
Court Disposition
appeal dismissed except as to interest
Orders
- Judgment of the tribunal varied to award interest at 8% per annum on injury to feelings and financial loss for discrimination from 14 February 2022 until payment
Full Case Text
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