Small v The Shrewsbury & Telford Hospitals NHS Trust [2019]
Decision Number: UKEAT/0077/19/JOJ Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 09/09/2019
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Appellant:
Small
Respondent:
The Shrewsbury & Telford Hospitals NHS Trust
Summary

The EAT held that third-party disclosure was relevant for assessing Chagger damages, confirming evidence could be used to determine stigma affecting a claimant’s future job prospects.

Background

This case can be regarded as having extensive history with the first decision of the EAT being successfully appealed at the Court of Appeal in Small v The Shrewsbury & Telford Hospitals NHS Trust [2017] EWCA Civ 882.  The basis of the case arose from the fact that the temporary contract of the claimant was ended by the respondent following a protected disclosure that was made.

The ET found that the dismissal was unfair and awarded compensation for injury to feelings, loss of earnings and aggravated damages.  The Court of Appeal

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Disclaimer 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. This article is correct at 09/09/2019