Henry v Foreign & Commonwealth Office [1998] UKEAT 397_98_0112 (1 December 1998)

Henry v Foreign & Commonwealth Office [1998] UKEAT 397_98_0112 (1 December 1998)

No error of law was found in the tribunal's approach to the period considered for discrimination, the quantification of injury to feelings, the refusal to award aggravated damages, or the dismissal of the victimisation claim. The only arguable point of law relates to the calculation of interest, which is left to be addressed at the remedies hearing if the appellant so elects.

Citation
[1998] UKEAT 397_98_0112
Parties
Appellant: D Henry; Respondent: Foreign and Commonwealth Office
Jurisdiction
United Kingdom
Judgment Date
01 December 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal
Outcome
Appeal dismissed except as to the issue of interest, which may be raised at the remedies hearing if the appellant so elects.
Legal Topics
Race Discrimination, Unfair Dismissal, Victimisation, Remedies, Interest on Compensation
Employment Law Discrimination Law Race Discrimination Unfair Dismissal Victimisation Remedies Interest on Compensation

Case Brief

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Parties

D Henry

Appellant

Foreign and Commonwealth Office

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in limiting the period considered for racial discrimination
  2. 2 Whether the award for injury to feelings was too low and/or racially biased
  3. 3 Whether aggravated damages should have been awarded

Ratio Decidendi

No error of law was found in the tribunal's approach to the period considered for discrimination, the quantification of injury to feelings, the refusal to award aggravated damages, or the dismissal of the victimisation claim. The only arguable point of law relates to the calculation of interest, which is left to be addressed at the remedies hearing if the appellant so elects.

Court Disposition

Appeal dismissed except as to the issue of interest, which may be raised at the remedies hearing if the appellant so elects.

Orders

  • At the remedies hearing, both parties may adduce evidence and make submissions on the effect of the appellant being stopped from completing probation and on the calculation of interest, subject to the appellant's election within 14 days.