Compensation

Case 3: The facts

James Greig applied for a security job for which he had no relevant experience. He disclosed on his application that he suffered from depression, and one of the reasons the employer gave for not offering him the job was that it would not be conducive to his mental health.

Greig brought a successful claim for disability discrimination; however, the tribunal did not award him loss of earnings, saying that he had had little chance of getting the job and had not made the application “wholly in good faith”. It awarded him £500 for injury to feelings, which Greig appealed as being too low.

The ruling

The Employment Appeal Tribunal upheld the £500 award and held that Greig’s expectation that he would not get the job was relevant in assessing compensation. There had been no evidence that the rejection had worsened Greig’s condition, so the tribunal had been entitled to reach its “good faith” conclusion.

Greig v Initial Security Ltd UKEAT/0036/05