Mensah v Bell & Ors [1997] UKEAT 705_96_1911 (19 November 1997)

Mensah v Bell & Ors [1997] UKEAT 705_96_1911 (19 November 1997)

The Tribunal did not err in law in its approach to recommendations, aggravated damages, direct discrimination, racial motive, document disclosure, or joinder of the NHS Trust; the only error was failure to consider interest on the compensation award, which must now be addressed by written submissions due to the retirement of the original Tribunal chair.

Citation
[1997] UKEAT 705_96_1911
Parties
Appellant/applicant: Mrs Mensah; Respondent: Mrs K. Bell
Jurisdiction
United Kingdom
Judgment Date
19 November 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision and Remedies Hearing
Outcome
Appeal dismissed except as to interest; cross-appeal on comparator adjourned.
Legal Topics
Race Discrimination, Victimisation, Compensation, Interest on Awards, Procedural Fairness, Joinder of Parties
Employment Law Discrimination Law Race Discrimination Victimisation Compensation Interest on Awards Procedural Fairness Joinder of Parties

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Parties

Mrs Mensah

Appellant/applicant

Mrs K. Bell

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision and Remedies Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in not making a recommendation under section 56(1)(c) of the Race Relations Act 1976
  2. 2 Whether aggravated damages should have been awarded
  3. 3 Whether interest should have been awarded on compensation

Ratio Decidendi

The Tribunal did not err in law in its approach to recommendations, aggravated damages, direct discrimination, racial motive, document disclosure, or joinder of the NHS Trust; the only error was failure to consider interest on the compensation award, which must now be addressed by written submissions due to the retirement of the original Tribunal chair.

Court Disposition

Appeal dismissed except as to interest; cross-appeal on comparator adjourned.

Orders

  • Appeal dismissed except on the issue of interest.
  • Parties to attempt agreement on interest within seven days; if not, written submissions to Employment Appeal Tribunal as directed.