Workplace Report (September 2004)

Law - Dismissal

Injury to feelings

Case 12: The facts

After being subjected to bullying by a colleague, which his managers failed to do anything to prevent, Mr Dunnachie succeeded in his claim of constructive unfair dismissal. In addition to his economic losses, he was awarded a sum for injury to feelings; the case went to the House of Lords on this point.

The ruling

The House of Lords overruled the Court of Appeal's ruling and held that the natural meaning of "loss" refers to economic loss. As a result, compensation in claims of unfair dismissal does not include injury to feelings or other non-economic loss.

Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36


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