UCATT (Union of Construction Allied Trades & Technology) v Short (Disability Discrimination) [2013] UKEAT 0504_12_2904 (29 April 2013)

UCATT (Union of Construction Allied Trades & Technology) v Short (Disability Discrimination) [2013] UKEAT 0504_12_2904 (29 April 2013)

The Employment Tribunal did not err in law by not using the Ogden tables and did not impermissibly include inflation in its calculation; the 2.5% annual increase reflected expected wage increases, not inflation.

Citation
[2013] UKEAT 0504_12_2904
Parties
Respondent: UCATT; Claimant: [Name Redacted]
Jurisdiction
United Kingdom
Judgment Date
29 April 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment on Remedies
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Compensation Assessment, Future Loss of Earnings
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Compensation Assessment Future Loss of Earnings

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Parties

UCATT

Respondent

[Name Redacted]

Claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment on Remedies

Legal Issues

  1. 1 Whether the Employment Tribunal erred in not applying the Ogden tables for future loss calculation in a disability discrimination and unfair dismissal case
  2. 2 Whether the Tribunal impermissibly included inflation in its calculation of future loss

Ratio Decidendi

The Employment Tribunal did not err in law by not using the Ogden tables and did not impermissibly include inflation in its calculation; the 2.5% annual increase reflected expected wage increases, not inflation.

Court Disposition

Appeal dismissed

Orders

  • The Employment Tribunal's award is upheld.