KJ v British Council (Sex Discrimination; Practice & Procedure) [2026] EAT 46 (25 March 2026)

KJ v British Council (Sex Discrimination; Practice & Procedure) [2026] EAT 46 (25 March 2026)

The Employment Tribunal erred in applying a 35% Chagger deduction to the claimant's discrimination compensation because it failed to consider whether the claimant's thoughts or actions about leaving employment were independent of the discriminatory wrongs. The deduction could not stand. The Tribunal was correct to...

Source-derived case information.

Citation
[2026] EAT 46
Parties
Appellant/claimant: KJ; Respondent: British Council
Jurisdiction
United Kingdom
Judgment Date
25 March 2026
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment and Cross Appeal
Outcome
Claimant's appeal allowed on Chagger deduction; Respondent's cross-appeal on jurisdiction dismissed.
Legal Topics
Sex Discrimination, Harassment, Sexual Harassment, Constructive Unfair Dismissal, Jurisdiction, Limitation of Actions, Compensation Assessment
Employment Law Equality Law Sex Discrimination Harassment Sexual Harassment Constructive Unfair Dismissal Jurisdiction Limitation of Actions +1 more

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Summary, issues, holding and outcome

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Parties

KJ

Appellant/claimant

British Council

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment and Cross Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in applying a 35% Chagger deduction to discrimination compensation
  2. 2 Whether the Employment Tribunal erred in finding the sexual harassment claim was in time or in extending time
  3. 3 Whether the Employment Tribunal properly applied the legal principles for compensation in discrimination claims

Ratio Decidendi

The Employment Tribunal erred in applying a 35% Chagger deduction to the claimant's discrimination compensation because it failed to consider whether the claimant's thoughts or actions about leaving employment were independent of the discriminatory wrongs. The deduction could not stand. The Tribunal was correct to find the sexual harassment claim was in time as part of a continuing discriminatory state of affairs culminating in the grievance report; the alternative finding on extension of time was flawed but immaterial.

Court Disposition

Claimant's appeal allowed on Chagger deduction; Respondent's cross-appeal on jurisdiction dismissed.

Orders

  • The 35% Chagger deduction to discrimination compensation is set aside; the matter is remitted to the Employment Tribunal for reconsideration of compensation in accordance with the correct legal principles.
  • The finding that the sexual harassment claim was in time stands; no extension of time is required.