Brian Gourlay v West Dunbartonshire Council

Brian Gourlay v West Dunbartonshire Council

The tribunal erred in law by reducing compensation for economic loss by 80% without evidential basis that a lawful dismissal or ill-health retirement would have resulted in the same career-long incapacity caused by the respondent's discrimination; the only proven cause of the claimant's psychiatric illness was the respondent's unlawful acts, and there was no basis for apportionment or reduction.

Parties
Appellant: Mr Brian Gourlay; Respondent: West Dunbartonshire Council
Jurisdiction
England and Wales
Judgment Date
03 October 2025
Procedural Posture
Employment Appeal / Appeal Judgment on Remedy
Outcome
Principal appeal allowed; cross-appeal refused; remedy judgment on economic loss set aside and remitted.
Legal Topics
Disability Discrimination, Victimisation, Reasonable Adjustments, Compensation for Financial Loss, Causation, Remedies
Employment Law Discrimination Law Disability Discrimination Victimisation Reasonable Adjustments Compensation for Financial Loss Causation Remedies

Case Brief

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Parties

Mr Brian Gourlay

Appellant

West Dunbartonshire Council

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment on Remedy

Legal Issues

  1. 1 Whether the employment tribunal erred in law in reducing compensation for past and future wage and pension loss by 80%
  2. 2 Whether the tribunal properly applied legal principles on causation and apportionment of loss in discrimination cases
  3. 3 Whether the respondent's cross-appeal on limiting loss to a specific date or apportioning harm was valid

Ratio Decidendi

The tribunal erred in law by reducing compensation for economic loss by 80% without evidential basis that a lawful dismissal or ill-health retirement would have resulted in the same career-long incapacity caused by the respondent's discrimination; the only proven cause of the claimant's psychiatric illness was the respondent's unlawful acts, and there was no basis for apportionment or reduction.

Court Disposition

Principal appeal allowed; cross-appeal refused; remedy judgment on economic loss set aside and remitted.

Orders

  • Paragraph 2 of the tribunal’s judgment of 30 January 2024 set aside.
  • Case remitted to a differently constituted tribunal to reassess past and future wage and pension loss.