Local Government Yorkshire And Humber v Shah (Victimisation Discrimination : Whistleblowing) [2012] UKEAT 0587_11_1906 (19 June 2012)

Local Government Yorkshire And Humber v Shah (Victimisation Discrimination : Whistleblowing) [2012] UKEAT 0587_11_1906 (19 June 2012)

The uplift under section 207A TULR(C)A for failure to comply with the ACAS Code is only available to employees, not workers. The Employment Tribunal was entitled to make findings on future loss and injury to feelings based on the evidence and its industrial knowledge. The award for injury to feelings was within the permissible range for serious cases. Redundancy at the PCT did not break the chain of causation for loss after the end of the secondment.

Citation
[2012] UKEAT 0587_11_1906
Parties
Appellant's Counsel: P GORASIA; Respondent: MS N SHAH
Jurisdiction
United Kingdom
Judgment Date
19 June 2012
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Liability and Remedy
Outcome
Appeal allowed in part; uplift under section 207A TULR(C)A set aside; other findings and compensation upheld.
Legal Topics
Victimisation, Whistleblowing, Protected Disclosure, Worker Vs Employee Status, Compensation for Injury to Feelings, ACAS Code Compliance, Remedies for Detriment
Employment Law Discrimination Law Victimisation Whistleblowing Protected Disclosure Worker Vs Employee Status Compensation for Injury to Feelings ACAS Code Compliance +1 more

Case Brief

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Parties

P GORASIA

Appellant's Counsel

MS N SHAH

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Liability and Remedy

Legal Issues

  1. 1 Whether the Claimant, as a worker and not an employee, could claim an uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 for the Respondent's failure to comply with the ACAS Code.
  2. 2 Whether the Employment Tribunal was correct in its assessment of future loss and compensation for injury to feelings.
  3. 3 Whether redundancy at the PCT broke the chain of causation for loss after the end of the secondment.

Ratio Decidendi

The uplift under section 207A TULR(C)A for failure to comply with the ACAS Code is only available to employees, not workers. The Employment Tribunal was entitled to make findings on future loss and injury to feelings based on the evidence and its industrial knowledge. The award for injury to feelings was within the permissible range for serious cases. Redundancy at the PCT did not break the chain of causation for loss after the end of the secondment.

Court Disposition

Appeal allowed in part; uplift under section 207A TULR(C)A set aside; other findings and compensation upheld.

Orders

  • The uplift to compensation under section 207A TULR(C)A is disallowed as the Claimant was not an employee.
  • The remainder of the Employment Tribunal's findings and compensation awards are upheld.