Joe England increases compensation for discrimination victim from £1,135 to over £60,000
15th December 2015
In a long running and emotionally charged case, Joe England successfully represented a school caretaker who was unfairly dismissed and the victim of sex discrimination. In the latest chapter of the case and following a successful appeal earlier this year, Mr England last week successfully gained an increase in the compensatory award from £1135 (rounded) to over £60,000.
The male school caretaker was dismissed for allegations loosely based on ‘crossing professional boundaries’ in relation to his interactions with children. The dismissal was exposed by Mr England at the employment tribunal as involving an investigation that was “seriously flawed”, by the appeal stage “the process was so badly flawed, it was irredeemable” and an act of sex discrimination. The case serves as an important example of why a fair and thorough investigation is needed in cases of misconduct, especially when the allegations are as serious as those against this employee, and of the frenzy that can be caused by un-checked prejudice.
Out of a maximum 25%, the tribunal awarded a 20% uplift for failure to comply with the ACAS code. At the remedy hearing, the tribunal nevertheless awarded a nearly 100% Polkey reduction to the Claimant’s compensation, leaving £1,135. However, Langstaff J in the EAT agreed with Mr England that the tribunal had erred in its approach by not correctly assessing the chances of a fair dismissal occurring, instead considering only whether there ‘could be’ a fair dismissal.
Most recently, the case returned to the tribunal for assessment and the tribunal have increased the compensatory award to over £60,000. This sum has been awarded in addition to over £20,000 for injury to feelings in respect of the discrimination suffered by the employee.
Reasons were not provided in the hearing and are expected early in the New Year. Mr England was instructed by SA Law.
Related Articles
-
3PB Barristers (3 Paper Buildings), one of the UK's largest chambers, is celebrating this year again its rankings - totalling 167 - in the Legal 500 2025’s edition published today, a 15% increase on last year’s 145. The set is ranked in 23 areas of law, across 4 UK Circuits: London, South Eastern, Western and the Midlands. 3PB’s barristers are also ranked in the Middle East and Asia Pacific regions. The Legal 500 acknowledges 3PB...
Continue reading -
3PB Barristers (3 Paper Buildings) breaks another record in the latest edition of Chambers and Partners with a total of 96 rankings (81 last year) achieved by 80 of its barristers. The national set is rewarded with accolades in 21 areas of law, in the London Bar as well as in the North Eastern, South Eastern, Western and Midlands Circuits and exceptional comments for its expertise and service delivery. Click here to view the full...
Continue reading -
The Employment Tribunal has dismissed a claim against a local authority brought by an 'as and when' or 'sessional' social worker. The respondent, Harrow Council, hired the claimant on a casual basis and worked on a variety of projects over a period of 11 years for the youth justice team. The respondent accepted that the claimant was a 'worker' but denied that he had become an 'employee', entitled to bring a claim for constructive dismissal following a...
Continue reading -
3 Paper Buildings (3PB) is delighted to announce that leading barrister and silk Rachel Best KC (2006 call) has joined chambers as an associate member. Rachel specialises in employment and discrimination disputes, judicial reviews, inquests and personal injury cases. She was called to the Bar of Northern Ireland in 2006, the Bar of Ireland in 2021 and was called to the Bar of England & Wales in 2022. She was promoted to Silk in 2024....
Continue reading
