Deane v London Borough Of Ealing & Anor [1992] UKEAT 33_91_2411 (24 November 1992)

Deane v London Borough Of Ealing & Anor [1992] UKEAT 33_91_2411 (24 November 1992)

The award for injury to feelings was too low and should be increased to £1,000; aggravated damages of £250 were within the proper range; exemplary damages are not available for statutory torts under the Race Relations Act 1976; damages are properly awarded against the employer, not the individual employee acting in the course of employment.

Citation
[1992] UKEAT 33_91_2411
Parties
Appellant: Mr Deane; First Respondent: London Borough of Ealing; Second Respondent: Mr Bernard Crofton
Jurisdiction
United Kingdom
Judgment Date
24 November 1992
Procedural Posture
Appeal From Industrial Tribunal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Race Discrimination, Damages, Aggravated Damages, Exemplary Damages, Injury to Feelings
Employment Law Discrimination Law Race Discrimination Damages Aggravated Damages Exemplary Damages Injury to Feelings

Case Brief

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Parties

Mr Deane

Appellant

London Borough of Ealing

First Respondent

Mr Bernard Crofton

Second Respondent

Procedural Posture

Appeal From Industrial Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the award for injury to feelings and aggravated damages was perverse or too low
  2. 2 Whether exemplary damages could be awarded for statutory tort under the Race Relations Act 1976
  3. 3 Whether damages should be awarded against Mr Crofton personally

Ratio Decidendi

The award for injury to feelings was too low and should be increased to £1,000; aggravated damages of £250 were within the proper range; exemplary damages are not available for statutory torts under the Race Relations Act 1976; damages are properly awarded against the employer, not the individual employee acting in the course of employment.

Court Disposition

Appeal allowed in part

Orders

  • Award for injury to feelings increased from £500 to £1,000
  • Total damages increased accordingly