Pectel Ltd v. Franklin [2003] UKEAT 0665_03_2310 (23 October 2003)

Pectel Ltd v. Franklin [2003] UKEAT 0665_03_2310 (23 October 2003)

The Tribunal did not err in law in finding no failure to mitigate loss or break in causation, the awards for injury to feelings and aggravated damages were justified and not excessive, and the calculation of interest on aggravated damages under Regulation 6 of the 1996 Regulations raises an arguable point requiring further consideration.

Citation
[2003] UKEAT 0665_03_2310
Parties
Applicant: Mrs Franklin; Respondent: Pectel Ltd
Jurisdiction
United Kingdom
Judgment Date
23 October 2003
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal dismissed except on the issue of interest calculation for aggravated damages, which is allowed for further consideration.
Legal Topics
Sex Discrimination, Unfair Dismissal, Remedies, Mitigation of Loss, Aggravated Damages, Interest Calculation
Employment Law Discrimination Law Sex Discrimination Unfair Dismissal Remedies Mitigation of Loss Aggravated Damages Interest Calculation

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Parties

Mrs Franklin

Applicant

Pectel Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the applicant failed to mitigate her loss
  2. 2 Whether the award for injury to feelings was excessive
  3. 3 Whether the award of aggravated damages was justified

Ratio Decidendi

The Tribunal did not err in law in finding no failure to mitigate loss or break in causation, the awards for injury to feelings and aggravated damages were justified and not excessive, and the calculation of interest on aggravated damages under Regulation 6 of the 1996 Regulations raises an arguable point requiring further consideration.

Court Disposition

Appeal dismissed except on the issue of interest calculation for aggravated damages, which is allowed for further consideration.

Orders

  • All grounds of appeal dismissed except the question of interest calculation on aggravated damages, which is allowed to proceed.