Benjamin v The Markfield Project (Practice and procedure - appeal and cross-appeal against reconsideration decision; Unfair dismissal - compensation - mitigation and re-training) [2022] EAT 167 (17 November 2022)

Benjamin v The Markfield Project (Practice and procedure - appeal and cross-appeal against reconsideration decision; Unfair dismissal - compensation - mitigation and re-training) [2022] EAT 167 (17 November 2022)

The Employment Tribunal did not err in its approach to mitigation in the reconsideration judgment as the claimant's application did not raise this issue; however, the Tribunal erred in law by failing to address the reconsideration application regarding the injury to feelings award, which required remittal.

Citation
[2022] EAT 167
Parties
Appellant/respondent to the Cross Appeal: Ms Jennifer Benjamin; Respondent/cross Appeal Appellant: The Markfield Project
Jurisdiction
United Kingdom
Judgment Date
17 November 2022
Procedural Posture
Employment Appeal Tribunal Appeal and Cross Appeal / Appeal Against Employment Tribunal's Refusal to Reconsider Remedy Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Unfair Dismissal, Disability Discrimination, Race Discrimination, Remedy Reconsideration, Mitigation of Loss, Compensation for Injury to Feelings
Employment Law Discrimination Law Unfair Dismissal Disability Discrimination Race Discrimination Remedy Reconsideration Mitigation of Loss Compensation for Injury to Feelings

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Parties

Ms Jennifer Benjamin

Appellant/respondent to the Cross Appeal

The Markfield Project

Respondent/cross Appeal Appellant

Procedural Posture

Employment Appeal Tribunal Appeal and Cross Appeal / Appeal Against Employment Tribunal's Refusal to Reconsider Remedy Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to mitigation and re-training in the remedy judgment
  2. 2 Whether the Employment Tribunal failed to address the reconsideration application regarding the injury to feelings award
  3. 3 Whether the cross-appeal grounds properly arose from the reconsideration judgment

Ratio Decidendi

The Employment Tribunal did not err in its approach to mitigation in the reconsideration judgment as the claimant's application did not raise this issue; however, the Tribunal erred in law by failing to address the reconsideration application regarding the injury to feelings award, which required remittal.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Appeal on ground (1) dismissed
  • Appeal on ground (2) allowed