Cox Motor Group Ltd v Hodgson UKEAT/0168/19/JOJ

Appeal against the ET’s award for personal injury. Appeal allowed.

The Claimant succeeded in his ET claims against the Respondent for unfair dismissal and failure to make reasonable adjustments. At the remedy hearing, the ET made awards for injury to feelings and for personal injury. The Respondent appealed against the personal injury award, contending that the ET had failed to appreciate that it was dealing with a case in which the relevant act of discrimination had exacerbated a pre-existing condition (namely, depression), rather than causing a new injury.

The EAT held that it was not clear that the ET had approached its award on the basis of an exacerbated injury, and that its reasons were too compressed to be Meek-compliant. Accordingly, the matter would be remitted to the same ET for it to consider afresh the award for personal injury.

Published: 05/06/2020 10:54

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