Lancashire County Council v McGregor (DISABILITY DISCRIMINATION - Compensation) [2019] UKEAT 0005_19_1406 (14 June 2019)

Lancashire County Council v McGregor (DISABILITY DISCRIMINATION - Compensation) [2019] UKEAT 0005_19_1406 (14 June 2019)

The Employment Tribunal was entitled to make a broad assessment of the chance of return to work based on available evidence, to place the injury to feelings award in the middle Vento band, and to apply paragraph 11 of the Presidential Guidance for uplift, as no alternative calculation was advanced and the Guidance was applicable.

Citation
[2019] UKEAT 0005_19_1406
Parties
Appellant: Lancashire County Council; Respondent: Mr McGregor
Jurisdiction
United Kingdom
Judgment Date
14 June 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment on Remedy
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Compensation for Injury to Feelings, Loss of Earnings, Vento Bands, Presidential Guidance
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Compensation for Injury to Feelings Loss of Earnings Vento Bands Presidential Guidance

Case Brief

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Parties

Lancashire County Council

Appellant

Mr McGregor

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment on Remedy

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding a 30% chance of return to work if reasonable adjustments were made
  2. 2 Whether the award for injury to feelings was wrongly placed in the middle Vento band
  3. 3 Whether the uplift calculation under paragraph 11 of Presidential Guidance was irrational or unlawful

Ratio Decidendi

The Employment Tribunal was entitled to make a broad assessment of the chance of return to work based on available evidence, to place the injury to feelings award in the middle Vento band, and to apply paragraph 11 of the Presidential Guidance for uplift, as no alternative calculation was advanced and the Guidance was applicable.

Court Disposition

Appeal dismissed

Orders

  • The Employment Tribunal's remedy judgment is upheld.
  • No error of law or perversity found in the Tribunal's findings or calculations.