Fletcher-Cooke v Hampton School [2007] UKEAT 0366_06_1502 (15 February 2007)

Fletcher-Cooke v Hampton School [2007] UKEAT 0366_06_1502 (15 February 2007)

The Tribunal applied the correct legal tests for assessment of future loss, mitigation, and aggravated damages; its findings of fact and reasoning were adequate; no compensation was due for BUPA cover due to lack of evidence; both appeal and cross-appeal fail.

Citation
[2007] UKEAT 0366_06_1502
Parties
Appellant: Mr Fletcher-Cooke; Respondents: Hampton School and Mr Martin
Jurisdiction
United Kingdom
Judgment Date
15 February 2007
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Disability Discrimination, Compensation, Mitigation of Loss, Aggravated Damages, Assessment of Future Loss, Unfair Dismissal
Employment Law Discrimination Law Disability Discrimination Compensation Mitigation of Loss Aggravated Damages Assessment of Future Loss Unfair Dismissal

Case Brief

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Parties

Mr Fletcher-Cooke

Appellant

Hampton School and Mr Martin

Respondents

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Did the Tribunal apply the correct test in assessing future losses (balance of probabilities vs loss of chance)?
  2. 2 Should compensation have been awarded for loss of BUPA membership?
  3. 3 Did the Tribunal err in findings of fact and adequacy of reasons?

Ratio Decidendi

The Tribunal applied the correct legal tests for assessment of future loss, mitigation, and aggravated damages; its findings of fact and reasoning were adequate; no compensation was due for BUPA cover due to lack of evidence; both appeal and cross-appeal fail.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • No change to Tribunal's award
  • Interest on past loss of earnings confirmed as payable