De Souza v Vinci Construction UK Ltd [2017]

Posted In: Case Law
  • Case Reference
    EWCA Civ 879
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discrimination, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Uplift in Damages; Injury to Feelings or Psychiatric Injury; Discrimination Claim

This was an appeal to the Court of Appeal (CA) from the decision of the Employment Appeal Tribunal (EAT). The relatively straightforward issue in the appeal was whether a 10% uplift should be applied to awards of compensation for injury to feelings and for psychiatric injury in discrimination cases in an employment tribunal. The basic premise of the argument was that the uplift is necessary as the award should correlate with what would be awarded in an equivalent case in the County Court. While the EAT had held that this uplift only applied to civil claims and was not applicable to discrimination awards in employment disputes, the CA allowed the appeal. The CA emphasised the plain

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This article is correct at 13/07/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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