De Souza v Vinci Construction UK Ltd Posted In: Case Law
Case ReferenceEWCA Civ 879
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionDiscrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
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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