Essa v. Laing Ltd [2003] UKEAT 0697_01_1702 (17 February 2003)

Essa v. Laing Ltd [2003] UKEAT 0697_01_1702 (17 February 2003)

The correct test for compensation under the Race Relations Act 1976 is whether the loss was directly caused by the discriminatory act, not whether it was reasonably foreseeable. The Employment Tribunal erred by applying a foreseeability test. The case is remitted for reconsideration of compensation for psychological injury on the basis of direct causation.

Citation
[2003] UKEAT 0697_01_1702
Parties
Appellant: Mr Yashin Essa; Respondent: Laing Ltd
Jurisdiction
United Kingdom
Judgment Date
17 February 2003
Procedural Posture
Employment Tribunal Appeal / Appeal on Quantum Following Finding of Liability for Race Discrimination
Outcome
Appeal allowed in part; case remitted to Employment Tribunal for reconsideration of compensation for psychological injury; award for injury to feelings upheld.
Legal Topics
Race Discrimination, Compensation for Injury to Feelings, Remoteness of Damage, Statutory Torts, Quantum of Damages
Employment Law Discrimination Law Race Discrimination Compensation for Injury to Feelings Remoteness of Damage Statutory Torts Quantum of Damages

Case Brief

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Parties

Mr Yashin Essa

Appellant

Laing Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal on Quantum Following Finding of Liability for Race Discrimination

Legal Issues

  1. 1 Whether compensation for psychological injury caused by race discrimination requires reasonable foreseeability or only a direct causal link
  2. 2 Adequacy of award for injury to feelings

Ratio Decidendi

The correct test for compensation under the Race Relations Act 1976 is whether the loss was directly caused by the discriminatory act, not whether it was reasonably foreseeable. The Employment Tribunal erred by applying a foreseeability test. The case is remitted for reconsideration of compensation for psychological injury on the basis of direct causation.

Court Disposition

Appeal allowed in part; case remitted to Employment Tribunal for reconsideration of compensation for psychological injury; award for injury to feelings upheld.

Orders

  • Remit to Employment Tribunal to reconsider compensation for psychological injury based on direct causation.
  • No change to £5000 award for injury to feelings.