Waters v. Griffin & Ors [2001] UKEAT 706_00_1710 (17 October 2001)

Waters v. Griffin & Ors [2001] UKEAT 706_00_1710 (17 October 2001)

The Tribunal misdirected itself by arbitrarily limiting compensation periods and failing to apply the correct legal test for causation and duration of injury, necessitating a rehearing before a new Tribunal.

Citation
[2001] UKEAT 706_00_1710
Parties
Appellant: Applicant; Respondents: First and Second Respondents
Jurisdiction
United Kingdom
Judgment Date
17 October 2001
Procedural Posture
Employment Tribunal Appeal / Appeal Against Compensation Decision
Outcome
Appeal allowed; matter remitted for rehearing on compensation.
Legal Topics
Sex Discrimination, Compensation Assessment, Damages for Injury to Feelings, Loss of Earnings
Employment Law Discrimination Law Sex Discrimination Compensation Assessment Damages for Injury to Feelings Loss of Earnings

Case Brief

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Parties

Applicant

Appellant

First and Second Respondents

Respondents

Procedural Posture

Employment Tribunal Appeal / Appeal Against Compensation Decision

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal principles in assessing compensation for sex discrimination, specifically regarding loss of earnings and injury to feelings.

Ratio Decidendi

The Tribunal misdirected itself by arbitrarily limiting compensation periods and failing to apply the correct legal test for causation and duration of injury, necessitating a rehearing before a new Tribunal.

Court Disposition

Appeal allowed; matter remitted for rehearing on compensation.

Orders

  • Remit the issue of compensation for loss of earnings and injury to feelings to a freshly constituted Tribunal for reconsideration in accordance with the correct legal principles.