Reduced compensation

* Where unfair treatment precipitates a pre-existing medical condition, a tribunal may reduce its compensation award to reflect the chance that the condition would have recurred anyway.

The facts

Sarah Sadler brought a sexual harassment claim against her employer. The harassment precipitated a pre-existing depressive illness. Medical evidence suggested that the harassment had contributed by 20% to her depressive illness, but that 80% of the cause was the pre-existing condition. A tribunal therefore reduced Sadler's compensation by 80%.

The ruling

The Employment Appeal Tribunal held that, as there was clear medical evidence on the issue, the tribunal was entitled to reduce Sadler's compensation to reflect the chance that the condition would have recurred in any event if there had been no harassment.

Sadler v Portsmouth Publishing and Printing UKEAT/0280/04