England and Wales Case Law

X v The Chief Constable of Gwent Police & Anor

The respondent's placement of the claimant on restricted duties and intrusive questioning were acts of direct disability discrimination, harassment, and unfavourable treatment arising from disability, not justified by any legitimate aim or proportionate means. The respondent failed to conduct a proper risk assessment, relied on stigma and misconceptions about HIV, and did not consider less restrictive alternatives. The conduct caused significant injury to feelings and was aggravated by the respondent's disclosure of the claimant's diagnosis without consent.

Source excerpt

• Disability discrimination
• Direct discrimination
• Indirect discrimination
• Harassment
• Discrimination arising from disability
• Remedies in discrimination cases

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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.

Source excerpt

• Constructive dismissal
• Disability discrimination
• Remedies for unfair dismissal
• Injury to feelings
• Mitigation of loss
• Interest on awards

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Dr James Mullen v Melian Dialogue Research Limited

The EAT allowed an appeal and cross-appeal on remedy issues in a protected disclosure dismissal case, finding errors in Polkey, mitigation, injury to feelings, and aggravated damages.

• Unfair dismissal
• Whistleblowing
• Protected disclosures
• Remedy assessment
• Compensation
• Mitigation

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Wealmoor Limited v R Poniatowski

The Employment Tribunal failed to consider apportionment of the injury to feelings award for tax purposes and provided inadequate reasoning regarding mitigation of loss, warranting remission to the same tribunal.

Source excerpt

• Remedy
• Injury to feelings
• Mitigation of loss
• Reasonable adjustments
• Wrongful dismissal
• Unfair dismissal

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Eddie Stobart Limited v Caitlin Graham

The Employment Appeal Tribunal held that a £10,000 injury-to-feelings award was manifestly excessive and replaced it with £2,000 plus interest.

• Maternity rights
• Injury to feelings
• Remedy
• Compensation
• Redundancy
• Grievance procedure

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Sadia Shakil v Samsons Limited

The Employment Appeal Tribunal held that the tribunal wrongly assessed injury to feelings in a pregnancy discrimination claim and remitted the issue.

• Pregnancy discrimination
• Injury to feelings
• Application of vento guidelines
• Pregnancy-discrimination
• Injury-to-feelings
• Vento-guidelines

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Declan Durey v South Central Ambulance Service NHS Foundation Trust

The Employment Appeal Tribunal dismissed an appeal and cross-appeal in a whistleblowing dispute, upholding findings on disclosure, detriment, and dismissal.

• Protected disclosures
• Whistleblowing
• Constructive dismissal
• Wrongful dismissal
• Detrimental treatment
• Remedies for detriment

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Colin Smith v Nottingham City Transport

The tribunal erred in treating allegation 6 (harassment by Ms Swift) as no longer live without clear withdrawal or strike out, and failed to determine that complaint; however, the tribunal did not err in its adjudication of other complaints, its reasoning for injury to feelings was sufficient, and its decision not to award interest was within its discretion given the compensation awarded.

Source excerpt

• Disability discrimination
• Harassment
• Victimisation
• Injury to feelings
• Interest on awards

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J Edward v Tavistock and Portman NHS Foundation Trust

The EAT held the tribunal erred in its mitigation analysis, allowed the appeal in part, remitted that issue, and made agreed corrections to injury to feelings and pension loss.

• Race discrimination
• Victimisation
• Mitigation of loss
• Remedies
• Future loss of earnings
• Injury to feelings

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Jennifer Benjamin v The Markfield Project

The Employment Appeal Tribunal allowed an appeal only on the unanswered injury-to-feelings reconsideration issue, dismissed the mitigation challenge, and dismissed the cross-appeal.

• Unfair dismissal
• Disability discrimination
• Race discrimination
• Remedy
• Compensation
• Mitigation of loss

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