Aramark Ltd v Graham (Disability Discrimination : Compensation) [2013] UKEAT 0164_12_0306 (3 June 2013)

Aramark Ltd v Graham (Disability Discrimination : Compensation) [2013] UKEAT 0164_12_0306 (3 June 2013)

The Employment Tribunal made no error of principle in its assessment of future loss or in its award of costs. The Tribunal's findings on the likelihood of continued employment and the impact of the Claimant's disabilities were supported by evidence and not perverse. The Tribunal was entitled to exercise its discretion broadly in awarding costs for unreasonable conduct.

Citation
[2013] UKEAT 0164_12_0306
Parties
Appellant: Aramark Ltd; Respondent: Claimant (Name not specified)
Jurisdiction
United Kingdom
Judgment Date
03 June 2013
Procedural Posture
Employment Appeal Tribunal / Appeal Against Remedies Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Constructive Unfair Dismissal, Compensation, Costs
Employment Law Discrimination Law Disability Discrimination Constructive Unfair Dismissal Compensation Costs

Case Brief

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Parties

Aramark Ltd

Appellant

Claimant (Name not specified)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Remedies Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its assessment of future loss of earnings for the Claimant
  2. 2 Whether the Employment Tribunal erred in awarding costs against the Respondent

Ratio Decidendi

The Employment Tribunal made no error of principle in its assessment of future loss or in its award of costs. The Tribunal's findings on the likelihood of continued employment and the impact of the Claimant's disabilities were supported by evidence and not perverse. The Tribunal was entitled to exercise its discretion broadly in awarding costs for unreasonable conduct.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the assessment of future loss of earnings is dismissed.
  • The appeal against the award of costs is dismissed.