Qu v Landis & Gyr Ltd (Rev 1) [2019] UKEAT 0016_19_0103 (8 March 2019)

Qu v Landis & Gyr Ltd (Rev 1) [2019] UKEAT 0016_19_0103 (8 March 2019)

The Employment Tribunal made no error of law in its approach to assessing future loss, which was consistent with established legal principles. The Tribunal was entitled to limit future loss to three years, apply employer pension contribution methodology, and reject additional holiday loss and further uplift to injury to feelings. The ACAS uplift on reconsideration was within the Tribunal's discretion and justified by process failures not previously accounted for in aggravated damages.

Citation
[2019] UKEAT 0016_19_0103
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
08 March 2019
Procedural Posture
Employment Appeal Tribunal Appeal and Cross Appeal / Judgment on Appeal From Cambridge Employment Tribunal's Remedy Judgment and Reconsideration Decision
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Disability Discrimination, Compensation Assessment, Remedies, Victimisation, Pension Loss, Bonus Payments, Holiday Entitlement, Injury to Feelings, ACAS Code Uplift
Employment Law Discrimination Law Disability Discrimination Compensation Assessment Remedies Victimisation Pension Loss Bonus Payments +3 more

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal Appeal and Cross Appeal / Judgment on Appeal From Cambridge Employment Tribunal's Remedy Judgment and Reconsideration Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by applying a balance of probabilities rather than a loss of a chance approach to future loss; whether there was a perverse finding of fact in the assessment of future loss; whether the Tribunal's approach to pension loss, bonus payments, and other benefits was in error; whether there was a separate error in the calculation of pension loss; whether the Tribunal erred in failing to address or award compensation for holiday loss; whether the Tribunal erred in refusing to reconsider the injury to feelings award uplift; whether the Tribunal erred in awarding an ACAS uplift on reconsideration.

Ratio Decidendi

The Employment Tribunal made no error of law in its approach to assessing future loss, which was consistent with established legal principles. The Tribunal was entitled to limit future loss to three years, apply employer pension contribution methodology, and reject additional holiday loss and further uplift to injury to feelings. The ACAS uplift on reconsideration was within the Tribunal's discretion and justified by process failures not previously accounted for in aggravated damages.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • No error of law found in the Employment Tribunal's assessment of future loss, pension, bonus, or holiday loss.
  • No further uplift to injury to feelings award required.