Base Childrenswear Ltd v Otshudi [2019] UKEAT 0267_18_2802 (28 February 2019)

Base Childrenswear Ltd v Otshudi [2019] UKEAT 0267_18_2802 (28 February 2019)

The ET was entitled to place the injury to feelings award in the middle Vento band based on the seriousness and impact of the discriminatory dismissal on the Claimant. The ET carefully considered each head of loss separately and together to avoid double-counting, except in respect of the Respondent's failure to...

Source-derived case information.

Citation
[2019] UKEAT 0267_18_2802
Parties
Claimant: Claimant (name not provided); Respondent: Respondent (name not provided)
Jurisdiction
United Kingdom
Judgment Date
28 February 2019
Procedural Posture
Employment Appeal Tribunal (eat) Appeal From Employment Tribunal (et) Remedies Judgment / Appeal Judgment Following Full Hearing of Respondent's Appeal Against Et's Remedies Judgment
Outcome
Appeal allowed in part; aggravated damages award reduced by £1,000 to avoid double-counting; otherwise, appeal dismissed.
Legal Topics
Race Discrimination, Remedies for Discrimination, Injury to Feelings, Aggravated Damages, Personal Injury, ACAS Code Uplift, Double Counting in Damages
Employment Law Discrimination Law Race Discrimination Remedies for Discrimination Injury to Feelings Aggravated Damages Personal Injury ACAS Code Uplift +1 more

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Parties

Claimant (name not provided)

Claimant

Respondent (name not provided)

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal From Employment Tribunal (et) Remedies Judgment / Appeal Judgment Following Full Hearing of Respondent's Appeal Against Et's Remedies Judgment

Legal Issues

  1. 1 Whether the ET's awards for injury to feelings, aggravated damages, and personal injury were manifestly excessive or involved double-counting; whether the ET erred in placing the injury to feelings award in the middle Vento band; whether the ET took into account irrelevant factors; whether the aggravated damages award overlapped with the ACAS uplift.

Ratio Decidendi

The ET was entitled to place the injury to feelings award in the middle Vento band based on the seriousness and impact of the discriminatory dismissal on the Claimant. The ET carefully considered each head of loss separately and together to avoid double-counting, except in respect of the Respondent's failure to respond to the grievance/appeal, which was considered both for aggravated damages and the ACAS uplift. This constituted a minor element of double-counting, warranting a reduction of £1,000 from the aggravated damages award. Otherwise, the awards were not manifestly excessive and the ET did not err in principle.

Court Disposition

Appeal allowed in part; aggravated damages award reduced by £1,000 to avoid double-counting; otherwise, appeal dismissed.

Orders

  • Aggravated damages award reduced from £5,000 to £4,000.
  • Parties to recalculate and agree consequential adjustments to interest and ACAS uplift.