Royal Mail Group Plc v. Sharma [2005] UKEAT 0839_04_2202 (22 February 2005)

Royal Mail Group Plc v. Sharma [2005] UKEAT 0839_04_2202 (22 February 2005)

Future loss is not recoverable for breach of section 6 Disability Discrimination Act 1995 where dismissal was justified, not discriminatory, and no alternative employment could have been offered; compensation does not extend beyond lawful termination. Employment Tribunal erred in law in concluding it had no power to award costs under Rule 14 for unreasonable conduct by Applicant's advisers.

Citation
[2005] UKEAT 0839_04_2202
Parties
Appellant: Royal Mail Group plc; Respondent: Applicant (Postman)
Jurisdiction
United Kingdom
Judgment Date
22 February 2005
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Review Decision
Outcome
appeal allowed
Legal Topics
Reasonable Adjustments, Future Loss, Costs, Unfair Dismissal, Review Proceedings
Employment Law Disability Discrimination Reasonable Adjustments Future Loss Costs Unfair Dismissal Review Proceedings

Case Brief

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Parties

Royal Mail Group plc

Appellant

Applicant (Postman)

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Review Decision

Legal Issues

  1. 1 Is future loss recoverable for breach of section 6 Disability Discrimination Act 1995 when dismissal was justified and not discriminatory?
  2. 2 Did the Employment Tribunal have power to award costs under Rule 14 for unreasonable conduct by the Applicant's advisers?

Ratio Decidendi

Future loss is not recoverable for breach of section 6 Disability Discrimination Act 1995 where dismissal was justified, not discriminatory, and no alternative employment could have been offered; compensation does not extend beyond lawful termination. Employment Tribunal erred in law in concluding it had no power to award costs under Rule 14 for unreasonable conduct by Applicant's advisers.

Court Disposition

appeal allowed

Orders

  • award of future loss quashed
  • costs of two Review Hearings to be assessed and paid by Applicant to Appellant