Blowman v. Lumonics Ltd & Anor [2000] UKEAT 1138_99_1807 (18 July 2000)

Blowman v. Lumonics Ltd & Anor [2000] UKEAT 1138_99_1807 (18 July 2000)

The Tribunal did not err in law in finding no loss of Permanent Health Insurance benefit, nor in the award for injury to feelings, but erred in potentially double counting business profits and in applying the 'just and equitable' test instead of the correct tort-based test for compensation under the Disability Discrimination Act 1995. Interest on injury to feelings should be recalculated from the date of discrimination. These issues require remission to the same Tribunal for reconsideration based on the evidence already heard.

Citation
[2000] UKEAT 1138_99_1807
Parties
Appellant: Sean Blowman; First Respondent: Lumonics Ltd; Second Respondent: Mel Smith
Jurisdiction
United Kingdom
Judgment Date
18 July 2000
Procedural Posture
Employment Appeal / Appeal Against Remedies Decision After Finding of Unlawful Disability Discrimination and Unfair Dismissal
Outcome
Appeal allowed in part and remitted to the same Tribunal for reconsideration of specified issues.
Legal Topics
Disability Discrimination, Unfair Dismissal, Compensation Calculation, Permanent Health Insurance, Injury to Feelings, Interest on Compensation
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Compensation Calculation Permanent Health Insurance Injury to Feelings Interest on Compensation

Case Brief

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Parties

Sean Blowman

Appellant

Lumonics Ltd

First Respondent

Mel Smith

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Remedies Decision After Finding of Unlawful Disability Discrimination and Unfair Dismissal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding no loss of Permanent Health Insurance benefit
  2. 2 Whether the calculation of loss and future loss was correct and free from double counting
  3. 3 Whether the Tribunal applied the correct legal test for compensation under the Disability Discrimination Act 1995

Ratio Decidendi

The Tribunal did not err in law in finding no loss of Permanent Health Insurance benefit, nor in the award for injury to feelings, but erred in potentially double counting business profits and in applying the 'just and equitable' test instead of the correct tort-based test for compensation under the Disability Discrimination Act 1995. Interest on injury to feelings should be recalculated from the date of discrimination. These issues require remission to the same Tribunal for reconsideration based on the evidence already heard.

Court Disposition

Appeal allowed in part and remitted to the same Tribunal for reconsideration of specified issues.

Orders

  • Remit to the same Tribunal to reconsider (1) whether there was double counting in the calculation of loss due to reinvestment of business profits, (2) the correct basis for compensation under the Disability Discrimination Act 1995 (tort principles), and (3) recalculation of interest on injury to feelings from the...