Laing Ltd. v Essa [2004] EWCA Civ 2 (21 January 2004)

Laing Ltd. v Essa [2004] EWCA Civ 2 (21 January 2004)

In claims for compensation under the Race Relations Act 1976 for direct discrimination, the claimant need only establish a causal link between the discriminatory act and the loss or injury (including psychiatric injury); it is not necessary to prove that the particular type of loss was reasonably foreseeable. The statutory tort is intentional, and the appropriate test for recoverable damages is causation, not foreseeability. Injury to feelings and psychiatric injury are both compensable, and the Employment Tribunal erred in applying a foreseeability test to limit damages.

Citation
[2004] EWCA Civ 2
Parties
Appellant: Laing Limited; Respondent: Yassin Essa; Intervener: Equal Opportunities Commission, Commission for Racial Equality, and Disability Rights Commission
Jurisdiction
England and Wales
Judgment Date
21 January 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Statutory Torts, Damages for Discrimination, Causation in Tort, Foreseeability, Injury to Feelings, Psychiatric Injury, Remedies Under Race Relations Act 1976
Employment Law Equality and Discrimination Law Tort Law Race Discrimination Statutory Torts Damages for Discrimination Causation in Tort Foreseeability +3 more

Case Brief

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Parties

Laing Limited

Appellant

Yassin Essa

Respondent

Equal Opportunities Commission, Commission for Racial Equality, and Disability Rights Commission

Intervener

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether compensation for psychiatric injury under the Race Relations Act 1976 requires proof of reasonable foreseeability or only causation
  2. 2 Whether damages for injury to feelings and psychiatric injury are recoverable as a result of direct discrimination
  3. 3 What is the correct test for remoteness of damage in statutory torts of discrimination

Ratio Decidendi

In claims for compensation under the Race Relations Act 1976 for direct discrimination, the claimant need only establish a causal link between the discriminatory act and the loss or injury (including psychiatric injury); it is not necessary to prove that the particular type of loss was reasonably foreseeable. The statutory tort is intentional, and the appropriate test for recoverable damages is causation, not foreseeability. Injury to feelings and psychiatric injury are both compensable, and the Employment Tribunal erred in applying a foreseeability test to limit damages.

Court Disposition

Appeal dismissed

Orders

  • Case remitted to the Employment Tribunal to reconsider compensation in accordance with the Court of Appeal's judgment
  • Any proposed amendments to the EAT order to be submitted in writing