Lipton Group Ltd v Cudd (Sex Discrimination: Injury to feelings) [2015] UKEAT 0360_14_1902 (19 February 2015)

Lipton Group Ltd v Cudd (Sex Discrimination: Injury to feelings) [2015] UKEAT 0360_14_1902 (19 February 2015)

The Employment Tribunal made a material error of law by misquoting and misapplying JSB Guidelines in assessing compensation for injury to feelings. The correct assessment, considering the evidence and relevant legal principles, is £9,000, falling within the middle Vento band due to the series of discriminatory...

Source-derived case information.

Citation
[2015] UKEAT 0360_14_1902
Parties
Appellant: Lipton Group Ltd; Respondent: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
19 February 2015
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed; original award set aside; compensation reassessed
Legal Topics
Pregnancy Discrimination, Constructive Dismissal, Injury to Feelings, Compensation Assessment
Employment Law Equality Law Pregnancy Discrimination Constructive Dismissal Injury to Feelings Compensation Assessment

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Parties

Lipton Group Ltd

Appellant

Claimant (unnamed)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Was the compensation for injury to feelings for pregnancy discrimination correctly assessed?
  2. 2 Did the Employment Tribunal err in applying Judicial Studies Board Guidelines?
  3. 3 Should compensation include feelings arising from constructive dismissal linked to pregnancy discrimination?

Ratio Decidendi

The Employment Tribunal made a material error of law by misquoting and misapplying JSB Guidelines in assessing compensation for injury to feelings. The correct assessment, considering the evidence and relevant legal principles, is £9,000, falling within the middle Vento band due to the series of discriminatory events leading to dismissal.

Court Disposition

appeal allowed; original award set aside; compensation reassessed

Orders

  • The award of £12,100 for injury to feelings is set aside.
  • Compensation for injury to feelings is reassessed and set at £9,000.