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Sex and race discrimination: Individual remedies

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Abbey National plc v Formoso [1999] IRLR 222 EAT (1 other report)
- Sex discrimination: Correct approach to assessing loss of earnings flowing from discriminatory dismissal
  
  Date:
  
  15 May 1999
  
  In Abbey National plc v Formoso, the EAT rejects an employment tribunal's "reasonable employer" approach to calculating the financial loss flowing from a discriminatory dismissal.
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Armitage, Marsden and HM Prison Service v Johnson [1997] IRLR 162 EAT (1 other report)
- Race discrimination: £21,000 award for injury to feelings upheld
  
  Date:
  
  15 April 1997
  
  In HM Prison Service and others v Johnson, the EAT upholds an award of £21,000 for injury to feelings made by an industrial tribunal to a black prison officer who was subjected to a prolonged campaign of racial harassment and discrimination.
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British Gas plc v Sharma [1991] IRLR 101 EAT (0 other reports)
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British Telecommunications plc v Reid [2004] IRLR 327 CA (0 other reports)
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Chief Constable of West Yorkshire Police v Vento (No.2) [2002] IRLR 177 EAT (1 other report)
- Sex discrimination: Excessive awards for injury to feelings and future loss overturned
  
  Date:
  
  15 March 2002
  
  In Chief Constable of West Yorkshire Police v Vento, the EAT upholds an appeal against an employment tribunal's manifestly excessive awards of £165,000 for future loss of earnings, and £65,000 for injury to feelings (which included £15,000 aggravated damages) to a former probationer police officer who suffered unlawful sex discrimination.
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City of Bradford Metropolitan Council v Arora [1989] IRLR 442 EAT (0 other reports)
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Deane v London Borough of Ealing and another [1993] IRLR 209 EAT (1 other report)
- Discrimination: Compensation cannot include exemplary damages
  
  Date:
  
  1 July 1993
  
  An industrial tribunal has no power to award exemplary damages in a discrimination case, holds the EAT in Deane v London Borough of Ealing and another, following the ruling of the Court of Appeal in Gibbons and others v South West Water Services Ltd.
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Derby Specialist Fabrication Ltd v Burton [2001] IRLR 69 EAT (0 other reports)
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Essa v Laing Ltd [2004] IRLR 313 CA (1 other report)
- Race discrimination: Recovering compensation for psychiatric damage
  
  Date:
  
  19 March 2004
  
  In Laing Ltd v Essa, the Court of Appeal holds that an employee who suffered unlawful race discrimination which caused him psychiatric injury was entitled to recover compensation for that injury provided he could establish that the discrimination caused the damage.
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HM Prison Service v Salmon [2001] IRLR 425 EAT (1 other report)
- Sex discrimination: Award of £20,000 for injury to feelings upheld
  
  Date:
  
  1 July 2001
  
  In HM Prison Service v Salmon, the EAT upholds an award of £20,000 for injury to feelings, including £5,000 aggravated damages, and a separate, undiscounted award of £15,000 for psychiatric injury, made by an employment tribunal that had partially upheld a former prison officer's complaint of unlawful sex discrimination.
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ICTS (UK) Ltd v Tchoula [2000] IRLR 643 EAT (1 other report)
- EAT gives guidance on injury to feelings
  
  Date:
  
  1 September 2000
  
  In ICTS (UK) Ltd v Tchoula the EAT has found that an award of £27,000 for injury to feelings, including aggravated damages, to a black man who was found to have been dismissed because he had made allegations of race discrimination was so excessive as to amount to an error of law.
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JH Walker Ltd v Hussain and others [1996] IRLR 11 EAT (1 other report)
- Race discrimination: "Intentional" indirect discrimination by employer
  
  Date:
  
  1 April 1996
  
  In JH Walker Ltd v Hussain and others the EAT holds that an employer "intentionally" indirectly discriminated against its Asian employees on the ground of race when, in accordance with a new policy that no holiday could be taken by employees during the three busiest months of the year, it required them to work on an important Muslim festival day, and disciplined them when they took the day off.
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London Underground Ltd v Edwards [1995] IRLR 355 EAT (1 other report)
- Determining whether indirect discrimination is intentional
  
  Date:
  
  1 June 1995
  
  In London Underground Ltd v Edwards the EAT has held that in determining whether an indirectly discriminatory requirement or condition was applied with the intention to treat a woman less favourably on grounds of sex, so as to permit an award of compensation, intention can be inferred from an employer's knowledge of the unfavourable consequences for the claimant as a woman.
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Ministry of Defence v Cannock and others [1994] IRLR 509 EAT (0 other reports)
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Ministry of Defence v Hunt and others [1996] IRLR 139 EAT (0 other reports)
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Ministry of Defence v Meredith [1995] IRLR 539 EAT (1 other report)
- Sex discrimination: No exemplary damages for breach of Directive
  
  Date:
  
  1 September 1995
  
  In Ministry of Defence v Meredith, the EAT holds that exemplary damages are not available to an ex-servicewoman who was dismissed contrary to the Equal Treatment Directive because she was pregnant.
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Ministry of Defence v Wheeler [1998] IRLR 23 CA (0 other reports)
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Murray v Powertech (Scotland) Ltd [1992] IRLR 257 EAT (0 other reports)
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O'Donoghue v Redcar & Cleveland Borough Council [2001] IRLR 615 CA (0 other reports)
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Orlando v Didcot Power Station Sports & Social Club [1996] IRLR 262 EAT (0 other reports)
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Orphanos v Queen Mary College [1985] IRLR 349 HL (0 other reports)
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Orthet Ltd v Vince-Cain [2004] IRLR 857 EAT (0 other reports)
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Scott v Commissioners of Inland Revenue [2004] IRLR 713 CA (1 other report)
- Discrimination: Approach to be taken to harassment complaints
  
  Date:
  
  12 November 2004
  
  In Scott v Commissioners of Inland Revenue the Court of Appeal holds that an employment tribunal erred in awarding only £15,000 in respect of the psychiatric injury caused to an employee by the way in which his employer dealt with allegations of sexual harassment made against him by a work colleague.
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Sheriff v Klyne Tugs (Lowestoft) Ltd [1999] IRLR 481 CA (1 other report)
- Race discrimination: Damages for personal injury may be awarded under Race Relations Act
  
  Date:
  
  15 September 1999
  
  Employment tribunals have jurisdiction to award compensation for the statutory tort of unlawful racial discrimination under the Race Relations Act, including damages for physical or psychiatric injury caused by the tort, holds the Court of Appeal in Sheriff v Klyne Tugs (Lowestoft) Ltd.
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Vento v Chief Constable of West Yorkshire Police (No.2) [2003] IRLR 102 CA (1 other report)
- Sex discrimination: Guidance on awards for injury to feelings in discrimination cases
  
  Date:
  
  4 April 2003
  
  In Vento v Chief Constable of West Yorkshire Police (No.2), the Court of Appeal holds that an employment tribunal was entitled to award £165,000 for future loss of earnings to a probationer police constable who suffered sex discrimination, culminating in her dismissal at the age of 30, two years after her appointment.
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Voith Turbo Ltd v Stowe [2005] IRLR 228 EAT (1 other report)
- Unfair dismissal: Employee need not give credit for monies earned during notice period
  
  Date:
  
  25 March 2005
  
  In Voith Turbo Ltd v Stowe, the EAT holds that, applying the principles established in Norton Tool Co Ltd v Tewson, the tribunal was entitled to find that an unfairly dismissed employee did not have to give credit for earnings achieved during the period covered by notice pay made by his former employer.
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Way and another v Crouch [2005] IRLR 603 EAT (0 other reports)
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Wileman v Minilec Engineering Ltd [1988] IRLR 144 EAT (0 other reports)
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Zaiwalla & Co and another v Walia [2002] IRLR 697 EAT (1 other report)
- Aggravated damages: Aggravated damages award based on employer's conduct of defence
  
  Date:
  
  9 December 2002
  
  In Zaiwalla & Co and another v Walia the EAT holds that an employment tribunal which upheld an employee's complaint of sex discrimination was entitled to award aggravated damages of £7,500 to reflect the fact that the employer conducted its defence of the tribunal proceedings in a manner deliberately designed to be intimidatory and threatening, and to cause the maximum distress to the employee.

This section of the Discrimination Case Law Guide looks at individual remedies for sex and race discrimination.

Compensation
     General principles
     Aggravated damages
     Exemplary damages
     Psychiatric injury
     Injury to feelings
     Unintentional indirect discrimination
     Mitigation
     Interest
Action recommendation
Other statutory redress

(1) Where an employment tribunal finds that a complaint presented to it under [s.63 - SDA; s.54 - RRA] is well-founded the tribunal shall make such of the following as it considers just and equitable -

(a) an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates;

(b) an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court or by a sheriff court to pay to the complainant if the complaint had fallen to be dealt with under [s.66 - SDA; s.57 - RRA];

(c) a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates.

Employment law cases

Sex and race discrimination: Individual remedies

Sex discrimination: Correct approach to assessing loss of earnings flowing from discriminatory dismissal

Race discrimination: £21,000 award for injury to feelings upheld

Sex discrimination: Excessive awards for injury to feelings and future loss overturned

Discrimination: Compensation cannot include exemplary damages

Race discrimination: Recovering compensation for psychiatric damage

Sex discrimination: Award of £20,000 for injury to feelings upheld

EAT gives guidance on injury to feelings

Race discrimination: "Intentional" indirect discrimination by employer

Determining whether indirect discrimination is intentional

Sex discrimination: No exemplary damages for breach of Directive

Discrimination: Approach to be taken to harassment complaints

Race discrimination: Damages for personal injury may be awarded under Race Relations Act

Sex discrimination: Guidance on awards for injury to feelings in discrimination cases

Unfair dismissal: Employee need not give credit for monies earned during notice period

Aggravated damages: Aggravated damages award based on employer's conduct of defence

About this resource

Sex and race discrimination: Individual remedies