Compensation

Case 15: The facts

Mr Fletcher-Cooke, a teacher at a private school who suffered from bipolar disorder, was dismissed and brought a successful claim of dis­ability discrimination. He received compensation for four years’ loss of earnings, but appealed the level of compensation, arguing that it should have been awarded up to his date of retirement.

The ruling

The Employment Appeal Tribunal pointed out that compensation for discrimination is intended to put the claimant in the position that s/he would have been in had s/he not suffered the discrimination. It said the tribunal had been entitled to find that Fletcher-Cooke’s employment as a teacher would probably have ended within two years, given that he had said he was dissatisfied with it and had changed jobs a number of times in the past.

The tribunal had correctly calculated compensation up to that date, and for an additional two years to take into account that it may take him longer to find alternative work because of his disability.

Fletcher-Cooke v Board of Governors of Hampton School & another EAT/0366/06