Compensation

Case 9: The facts

Angelique Watt volunteered for redundancy, as she felt unable to continue working following her employer's refusal to allow her to work part-time to care for her family.

A tribunal held that her dismissal amounted to sex discrimination and awarded her £2,000 for injury to feelings. It also awarded financial losses flowing from her dismissal, but deducted 50% because she had received enhanced redundancy pay.

Watt appealed on the grounds that the injury to feelings award was too low, her redundancy pay should not have been deducted from her compensation, and she should have been compensated for future losses for a longer period of time.

The ruling

The EAT held that the award of £2,000 was appropriate, as the case involved a single act of discrimination. However, the tribunal had been wrong to deduct 50% from the compensation for loss of earnings; it should have deducted the entire amount.

Watt was only redundant because of the act of discrimination, and the principles for compensation are that earnings received during the period of loss are deducted.

On the last point, the tribunal had not adequately explained why it had compensated Watt for future losses over a period of only six months, and the case was remitted to decide on that point only.

Watt v Transco EATS/0116/03