Tasker v Projectplan Ltd [1998] UKEAT 1275_98_0812 (8 December 1998)

Tasker v Projectplan Ltd [1998] UKEAT 1275_98_0812 (8 December 1998)

Leave to appeal is granted on the grounds that the award for injury to feelings may be so low as to constitute an error of law and that the Tribunal may have failed to address a claim for aggravated damages if it was raised. Leave is refused on the ground relating to personal injury as no such claim was made before...

Source-derived case information.

Citation
[1998] UKEAT 1275_98_0812
Parties
Appellant: Applicant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
08 December 1998
Procedural Posture
Employment Appeal / Leave to Appeal/interlocutory
Outcome
Leave to appeal granted in part, refused in part.
Legal Topics
Race Discrimination, Compensation for Injury to Feelings, Aggravated Damages, Appeal Procedure
Employment Law Discrimination Law Race Discrimination Compensation for Injury to Feelings Aggravated Damages Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Leave to Appeal/interlocutory

Legal Issues

  1. 1 Whether the award for injury to feelings was so low as to constitute an error of law
  2. 2 Whether the Tribunal failed to consider and award aggravated damages
  3. 3 Whether the Tribunal erred in not awarding compensation for personal injury

Ratio Decidendi

Leave to appeal is granted on the grounds that the award for injury to feelings may be so low as to constitute an error of law and that the Tribunal may have failed to address a claim for aggravated damages if it was raised. Leave is refused on the ground relating to personal injury as no such claim was made before the Tribunal.

Court Disposition

Leave to appeal granted in part, refused in part.

Orders

  • Leave to appeal granted on the grounds relating to the quantum of injury to feelings and failure to consider aggravated damages, subject to confirmation that aggravated damages were claimed at first instance.
  • Leave to appeal refused on the ground relating to personal injury.