Cleveland Ambulance NHS Trust v Blane [1997] UKEAT 1046_96_1902 (19 February 1997)

Cleveland Ambulance NHS Trust v Blane [1997] UKEAT 1046_96_1902 (19 February 1997)

Section 149(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 permits compensation for injury to feelings in cases of action short of dismissal, and compensation for loss of chance is appropriate where appointment was not established on balance of probabilities but the unlawful act was the sole causative factor.

Citation
[1997] UKEAT 1046_96_1902
Parties
Applicant: Mr Blane; Respondent: NHS Trust
Jurisdiction
United Kingdom
Judgment Date
19 February 1997
Procedural Posture
Employment Appeal / Appeal Against Remedies Decisions
Outcome
Appeal dismissed
Legal Topics
Trade Union Activities, Compensation for Injury to Feelings, Loss of Chance, Remedies for Action Short of Dismissal
Employment Law Trade Union Activities Compensation for Injury to Feelings Loss of Chance Remedies for Action Short of Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Blane

Applicant

NHS Trust

Respondent

Procedural Posture

Employment Appeal / Appeal Against Remedies Decisions

Legal Issues

  1. 1 Whether compensation for injury to feelings is recoverable under section 149(2) of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether compensation for loss of chance of promotion is appropriate where appointment was not established on balance of probabilities

Ratio Decidendi

Section 149(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 permits compensation for injury to feelings in cases of action short of dismissal, and compensation for loss of chance is appropriate where appointment was not established on balance of probabilities but the unlawful act was the sole causative factor.

Court Disposition

Appeal dismissed

Orders

  • Award of £1,000 for injury to feelings affirmed
  • Compensation for pecuniary loss assessed at 25% of pay difference affirmed