Desmond v. Safeway Stores Plc [2001] UKEAT 1330_00_3010 (30 October 2001)

Desmond v. Safeway Stores Plc [2001] UKEAT 1330_00_3010 (30 October 2001)

The appeal was dismissed because the applicant failed to adduce medical evidence establishing a causal link between the proven act of discrimination and her alleged personal injury or loss of earnings. The Tribunal was entitled to reject these heads of loss. The appeal was allowed only to the extent of awarding interest on the injury to feelings compensation, as conceded by the respondent.

Citation
[2001] UKEAT 1330_00_3010
Parties
Appellant/applicant: Ms Desmond; Respondent: Safeway Stores Plc
Jurisdiction
United Kingdom
Judgment Date
30 October 2001
Procedural Posture
Employment Tribunal Appeal / Appeal Against Remedies Decision
Outcome
Appeal dismissed except for interest on injury to feelings award, which is allowed by consent.
Legal Topics
Sex Discrimination, Remedies, Compensation, Injury to Feelings, Personal Injury, Loss of Earnings, Interest on Awards
Employment Law Discrimination Law Sex Discrimination Remedies Compensation Injury to Feelings Personal Injury Loss of Earnings +1 more

Case Brief

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Parties

Ms Desmond

Appellant/applicant

Safeway Stores Plc

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Remedies Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in not awarding compensation for loss of earnings
  2. 2 Whether the Employment Tribunal erred in not awarding compensation for personal injury
  3. 3 Whether the Employment Tribunal erred in not awarding interest on compensation for injury to feelings

Ratio Decidendi

The appeal was dismissed because the applicant failed to adduce medical evidence establishing a causal link between the proven act of discrimination and her alleged personal injury or loss of earnings. The Tribunal was entitled to reject these heads of loss. The appeal was allowed only to the extent of awarding interest on the injury to feelings compensation, as conceded by the respondent.

Court Disposition

Appeal dismissed except for interest on injury to feelings award, which is allowed by consent.

Orders

  • Award of £3,000 for injury to feelings upheld
  • Interest of £628.32 on injury to feelings compensation awarded, with further interest at £0.66 per day until payment