|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 215 (Feb)|
|Court:||Employment Appeal Tribunal|
Judge D Serota QC, Mrs M McArthur and Ms B Swirzer
|Judgment Dates:||17 February 2003|
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.