Eaton v Spencer & Ors (t/a Wiggles Experience (A Firm)) (Practice and Procedure : Striking-out or dismissal) [2011] UKEAT 0177_11_0710 (07 October 2011)

Eaton v Spencer & Ors (t/a Wiggles Experience (A Firm)) (Practice and Procedure : Striking-out or dismissal) [2011] UKEAT 0177_11_0710 (07 October 2011)

The Employment Judge erred by re-trying liability issues already determined by default judgment, resulting in an under-assessment of compensation for discrimination; remedy must be reassessed by a different judge.

Citation
[2011] UKEAT 0177_11_0710
Parties
Claimant: Karl Eaton; Respondent: Wiggles Experience (four named Respondents)
Jurisdiction
United Kingdom
Judgment Date
07 October 2011
Procedural Posture
Employment Tribunal Appeal / Appeal Against Remedy Assessment Following Default Judgment
Outcome
Appeal allowed in part; discrimination remedy set aside and remitted; unfair dismissal award stands.
Legal Topics
Default Judgment, Sexual Orientation Discrimination, Harassment, Victimisation, Unfair Dismissal, Remedy Assessment
Employment Law Equality Law Default Judgment Sexual Orientation Discrimination Harassment Victimisation Unfair Dismissal Remedy Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Karl Eaton

Claimant

Wiggles Experience (four named Respondents)

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Remedy Assessment Following Default Judgment

Legal Issues

  1. 1 Effect of default judgment under Employment Tribunal Rules
  2. 2 Scope of findings at remedy hearing after default judgment
  3. 3 Assessment of compensation for discrimination claims

Ratio Decidendi

The Employment Judge erred by re-trying liability issues already determined by default judgment, resulting in an under-assessment of compensation for discrimination; remedy must be reassessed by a different judge.

Court Disposition

Appeal allowed in part; discrimination remedy set aside and remitted; unfair dismissal award stands.

Orders

  • Award of compensation for sexual orientation discrimination, harassment and victimisation set aside.
  • Remedy under sexual orientation regulations remitted for re-hearing before a different Employment Judge.