Employment Cases Update

First Greater Western Ltd and another v Waiyego UKEAT/0056/18/RN

Date published: 02/04/2019

Appeal against the ET’s decision on the issue of financial compensation regarding the Claimant’s claims of failure to make reasonable adjustments and discrimination arising from disability. Appeal and cross-appeal dismissed.

The Claimant, who was employed by the First Respondent and had been on sick leave for lengthy periods, brought a number of claims including harassment, victimisation, disability-related discrimination and race-related discrimination. She succeeded on two matters – a failure to make reasonable adjustments in relation to a delay in organising funding for her to undergo cognitive behaviour therapy; and unfavourable treatment because of something arising in consequence of her disability, by failing to consult her, when she was not at work, about a reorganisation of her team – and the ET made a compensatory award for psychiatric injury, loss of earnings and injury to feelings. The First Respondent appealed on a number of grounds, including potential double-counting and contributory negligence; and the Claimant cross-appealed, arguing that the ET should have imposed a financial penalty, payable to the Secretary of State, on the First Respondent under s 12A(1) Employment Tribunals Act 1996 for breaching a worker's rights where "the breach has one or more aggravating features".

The EAT held that the ET had not erred in law in its consideration of the relevant matters, and so the appeal would be dismissed; also, the ET had correctly concluded that there were no aggravating features to the First Respondent's conduct to justify the imposition of a financial penalty.

Employment Claims without a Lawyer 2nd edition published March 2018

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