Press Release

Key decision reached by Employment Appeal Tribunal in compensation uplift case

 

In a groundbreaking decision, the EAT held that the principle that general damages in certain types of civil cases should be uplifted by 10% (Simmons v Castle) does not apply to awards of damages made in Tribunal proceedings.

The EAT made this finding despite previous rulings in Cadogan Hotels v Ozog (2014) and The Sash Window Workshop Ltd and another v King (2014) that a 10% uplift should be applied to certain damages in the Employment Tribunal.   The effect of the decision is that employees will not necessarily have the right to an uplift on damages for personal injury or injury to feelings in discrimination claims.

As there are now conflicting EAT authorities on the point, permission was given by the EAT for the Appellant to appeal to the Court of Appeal for a determinative ruling.

Susan Thompson, Partner, and Claire Holland, Senior Associate, of Magrath LLP with Counsel, Thomas Cordrey of Devereux Chambers, represented Vinci Construction UK Limited, the Respondent, who was successful in its defence and cross-appeal.

Magrath LLP is a leading specialist immigration and employment firm with extensive experience of representing UK and international employers and senior executives.

Case

Ms E Pereira de Souza v Vinci Construction UK Limited UKEAT/0328/14