St Andrews Catholic Primary School & Ors v Blundell [2010] UKEAT 0330_09_0608 (6 August 2010)

St Andrews Catholic Primary School & Ors v Blundell [2010] UKEAT 0330_09_0608 (6 August 2010)

The Tribunal erred in awarding injury to feelings at the top band; the correct award is £14,000. Aggravated damages of £5,000 are appropriate. The calculation of future loss of earnings was arithmetically incorrect and must be remitted for recalculation. The statutory recommendation letter must not require Mrs Assid...

Source-derived case information.

Citation
[2010] UKEAT 0330_09_0608
Parties
Respondent: Mrs Blundell; Appellants: St Andrews School and Mrs Assid
Jurisdiction
United Kingdom
Judgment Date
06 August 2010
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal partly allowed, cross appeal allowed, case remitted for recalculation of compensation and variation of recommendation.
Legal Topics
Sex Discrimination, Victimisation, Unfair Dismissal, Compensation, Statutory Recommendation
Employment Law Discrimination Law Sex Discrimination Victimisation Unfair Dismissal Compensation Statutory Recommendation

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Parties

Mrs Blundell

Respondent

St Andrews School and Mrs Assid

Appellants

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Appropriate level of damages for injury to feelings in victimisation claim
  2. 2 Entitlement and calculation of aggravated damages
  3. 3 Calculation of future loss of earnings

Ratio Decidendi

The Tribunal erred in awarding injury to feelings at the top band; the correct award is £14,000. Aggravated damages of £5,000 are appropriate. The calculation of future loss of earnings was arithmetically incorrect and must be remitted for recalculation. The statutory recommendation letter must not require Mrs Assid to make statements she does not agree with. The cross appeal on grossing up for tax liability succeeds and must be remitted for proper calculation.

Court Disposition

Appeal partly allowed, cross appeal allowed, case remitted for recalculation of compensation and variation of recommendation.

Orders

  • Injury to feelings award reduced to £14,000.
  • Aggravated damages of £5,000 upheld.