Daly v Northumberland Tyne and Wear NHS Foundation Trust (Disability Discrimination: Loss/Mitigation) [2014] UKEAT 0306_14_0512 (05 December 2014)

Daly v Northumberland Tyne and Wear NHS Foundation Trust (Disability Discrimination: Loss/Mitigation) [2014] UKEAT 0306_14_0512 (05 December 2014)

The Employment Tribunal's finding that the Claimant could recover equivalent earnings within 12 months was supported by some evidence and was a permissible conclusion; however, its estimate of earnings prior to regaining full capacity lacked evidential basis and must be reconsidered.

Citation
[2014] UKEAT 0306_14_0512
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
05 December 2014
Procedural Posture
Employment Appeal / Appeal From Remedy Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Reasonable Adjustments, Compensation, Harassment, Loss of Earnings, Future Loss, Mitigation
Employment Law Disability Discrimination Reasonable Adjustments Compensation Harassment Loss of Earnings Future Loss Mitigation

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Remedy Judgment

Legal Issues

  1. 1 Whether the evidence supported the Employment Tribunal's finding that the Claimant could recover post-termination earnings within 12 months
  2. 2 Whether the Employment Tribunal had an evidential basis for estimating the Claimant's earnings in the 12 months before regaining full capacity

Ratio Decidendi

The Employment Tribunal's finding that the Claimant could recover equivalent earnings within 12 months was supported by some evidence and was a permissible conclusion; however, its estimate of earnings prior to regaining full capacity lacked evidential basis and must be reconsidered.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • First ground of appeal dismissed
  • Second ground of appeal allowed