Race and Disability Discrimination and Injury to Feelings

by Liam

In Jumard v Clywd Leisure Ltd & Others the Claimant was awarded compensation for Unfair Dismissal, Race Discrimination and Disability Discrimination totaling £116,547 plus interest.

The Tribunal said ”For the injury to feelings and stress suffered for the racial and disability discrimination, which occurred over a period of some 20 months, we award £13,000.00″. In addition the Tribunal awarded £5,000.00 for pain and suffering exacerbated by the Respondent’s failure to make reasonable adjustments and £1,500.00 for aggravated damages. The rest of the award related to future loss and pension loss.

The Claimant appealed on a number of grounds, including that the Tribunal took too much of a “broad brush” approach to the injury to feelings award. The EAT held that while it can be appropriate to make a single award for injury to feelings arising out of both race and disability discrimination, where there are specific acts that fall within one type of discrimination but not the other, the Tribunal should have considered separately what award was appropriate for each type of discrimination and then check that the total was proportionate and did not result in double recovery. The EAT also held that the Tribunal should have considered whether any award was appropriate for the Claimant’s victimisation complaint which the Tribunal upheld but did not specifically allocate any part of the award to.

This entry was posted on Monday, February 4th, 2008 at 10:52 pm and is filed under Disability Discrimination, Sex/Race Discrimination. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Similar Posts:

• Exploitation of foreign workers
• Knowledge (of disability)
• More Problems with the Statutory Grievance Procedure!
• Disability discrimination
• Baldness is not a Disability (in case you thought otherwise)