Beart v HM Prison Service

Beart v HM Prison Service

The chain of causation for damages arising from disability discrimination is not broken by the employer's subsequent act of unfair dismissal, especially where the dismissal itself is a further wrong. The employer cannot rely on its own wrongful act to limit liability for the prior tort of discrimination. Damages for discrimination are not subject to the statutory cap applicable to unfair dismissal.

Parties
Respondent: Jacqueline Ann Beart; Appellant: Her Majesty's Prison Service
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Causation, Damages, Remedies
Employment Law Discrimination Law Tort Law Disability Discrimination Unfair Dismissal Causation Damages Remedies

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Parties

Jacqueline Ann Beart

Respondent

Her Majesty's Prison Service

Appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

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

Ratio Decidendi

The chain of causation for damages arising from disability discrimination is not broken by the employer's subsequent act of unfair dismissal, especially where the dismissal itself is a further wrong. The employer cannot rely on its own wrongful act to limit liability for the prior tort of discrimination. Damages for discrimination are not subject to the statutory cap applicable to unfair dismissal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Employment Tribunal's findings and awards upheld.
  • Costs awarded against Her Majesty's Prison Service in respect of both hearings, save for unfair dismissal claim at first hearing.