Wilson Barca LLP & Ors v Shirin (JURISDICTIONAL AND TIME POINTS; HARASSMENT) [2020] UKEAT 0276_19_1106 (11 June 2020)

Wilson Barca LLP & Ors v Shirin (JURISDICTIONAL AND TIME POINTS; HARASSMENT) [2020] UKEAT 0276_19_1106 (11 June 2020)

The Employment Appeal Tribunal held that the Respondents' challenge to the extension of time failed because the issue was not raised until after the liability judgment, which was final and unchallenged. The Tribunal was entitled to extend time as just and equitable, and the Claimant was not required to make a formal application in these circumstances. The Tribunal was correct in principle to award compensation for injury to feelings and aggravated damages, but its reasoning for the quantum was inadequate or inconsistent. The assessment of compensation was remitted for redetermination.

Citation
[2020] UKEAT 0276_19_1106
Parties
Claimant: Claimant (not named); Respondent: First Respondent (Wilson Barca LLP); Respondent: Second Respondent (Mr Barca); Respondent: Third Respondent (Lily Raj)
Jurisdiction
United Kingdom
Judgment Date
11 June 2020
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal's Reserved Judgment on Remedy
Outcome
Appeal allowed in part; assessment of compensation remitted for redetermination.
Legal Topics
Harassment, Sex Discrimination, Age Discrimination, Remedies, Time Limits, Aggravated Damages, Injury to Feelings
Employment Law Equality and Discrimination Law Harassment Sex Discrimination Age Discrimination Remedies Time Limits Aggravated Damages +1 more

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Parties

Claimant (not named)

Claimant

First Respondent (Wilson Barca LLP)

Respondent

Second Respondent (Mr Barca)

Respondent

Third Respondent (Lily Raj)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal's Reserved Judgment on Remedy

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in extending time for discrimination claims brought outside the statutory time limit
  2. 2 Whether the Tribunal erred in awarding compensation for injury to feelings and aggravated damages
  3. 3 Whether the Tribunal's reasoning for the quantum of compensation was adequate

Ratio Decidendi

The Employment Appeal Tribunal held that the Respondents' challenge to the extension of time failed because the issue was not raised until after the liability judgment, which was final and unchallenged. The Tribunal was entitled to extend time as just and equitable, and the Claimant was not required to make a formal application in these circumstances. The Tribunal was correct in principle to award compensation for injury to feelings and aggravated damages, but its reasoning for the quantum was inadequate or inconsistent. The assessment of compensation was remitted for redetermination.

Court Disposition

Appeal allowed in part; assessment of compensation remitted for redetermination.

Orders

  • The appeal against the extension of time and the principle of awarding compensation is dismissed.
  • The appeal against the quantum of compensation for injury to feelings and aggravated damages is allowed.