Source: All England Reporter
Publisher Citation: [2003] All ER (D) 215 (Feb)
Court: Employment Appeal Tribunal
Judge:

Judge D Serota QC, Mrs M McArthur and Ms B Swirzer
Judgment Dates: 17 February 2003

Catchwords

Discrimination - Racial discrimination - Employment - Employment tribunal - Power to award compensation for psychological injury - Test to be applied - Race Relation Act 1976, ss 54, 56 and 57.The complainant was Welsh of black Somali ethnicity. He obtained employment as part of the sub-contract labour force at the Millennium Stadium. The complainant was abused by the foreman who was employed by the respondent in a 'one-off incident'. Thereafter he left. He underwent a dramatic personality change, became depressed and fell into debt. He complained to the employment tribunal, inter alia, of discrimination on grounds of race. The tribunal found the respondent liable but determined that in calculating special damages the respondent was only liable for such reasonably foreseeable loss as was directly caused by the discriminating act. He was awarded £5,000 for injury to his feelings. The complainant appealed in relation to the decision on quantum, contending that the employment tribunal had applied the wrong test to determine whether he was entitled to be compensated for his psychological condition which had been caused by the discrimination.

The Case

A victim of discrimination on grounds of race could recover damages for all loss that might be expected to flow from the statutory tort created by s54 of the once a causal link was established between the act of discrimination and the loss.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary