Post Office v Silva [1997] UKEAT 375_97_0807 (8 July 1997)

Post Office v Silva [1997] UKEAT 375_97_0807 (8 July 1997)

The Industrial Tribunal was entitled to assess and award compensation for injury to feelings based on the evidence and its observations; the amount awarded was within the reasonable range for a serious case of racial discrimination, and no error of law was demonstrated.

Citation
[1997] UKEAT 375_97_0807
Parties
Applicant: Mr Silva; Respondent: The Post Office
Jurisdiction
United Kingdom
Judgment Date
08 July 1997
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
Appeal dismissed at preliminary stage
Legal Topics
Racial Discrimination, Compensation for Injury to Feelings, Aggravated Damages
Employment Law Discrimination Law Racial Discrimination Compensation for Injury to Feelings Aggravated Damages

Case Brief

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Parties

Mr Silva

Applicant

The Post Office

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the compensation awarded for injury to feelings was excessive or unsupported by evidence
  2. 2 Whether the Industrial Tribunal erred in law in its assessment of damages for racial discrimination

Ratio Decidendi

The Industrial Tribunal was entitled to assess and award compensation for injury to feelings based on the evidence and its observations; the amount awarded was within the reasonable range for a serious case of racial discrimination, and no error of law was demonstrated.

Court Disposition

Appeal dismissed at preliminary stage

Orders

  • Appeal is not fit for hearing before a full tribunal and is dismissed.