||All England Reporter
|| All ER (D) 99 (Oct)
||Employment Appeal Tribunal
Johnston J, Dr A Bridge and Mr R Thomson
||Amanda Jones (of Mackay Simon Maclay Murray & Spens, Glasgow) for the appellant.
||Terenzo Ginesi (of A C White, Ayr) for the respondent.
||26 September 2001
Employment - Sex discrimination - Discrimination against a woman - Tribunal finding that appellant employer sexually discriminated against respondent - Tribunal awarding respondent damages - Employer appealing on grounds that tribunal erring in not applying its mind to the correct principles involved, and in any event making an award which was grossly disproportionate to such as the evidence would support - Whether tribunal applying correct principles - .
The role of an employment appeal tribunal in reviewing awards of damages in the context of injury to feelings in discrimination cases, was such as would be undertaken by a judge on appeal reviewing an initial judge's decision which could only be interfered with if the appeal court was satisfied that a lower court had proceeded on a wrong principle or had reached a conclusion which was so erroneous as to be unsustainable. In the instant case, that test was not met, and the tribunal's decision would not be interfered with.
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