The Claimant worked for the Respondent and, under his terms of employment, was entitled to long-term disability benefits ("LTDB") under a disability plan. After a lengthy absence from work due to illness, the Claimant was dismissed, and he claimed disability discrimination and unfair dismissal. The ET upheld his claim. The Respondent appealed against the ET's decision that the Claimant's compensation for loss based on the LTDB to which he was entitled should continue until death or retirement; and the Claimant appealed against the ET's failure to increase the award for injury to feelings or to make a separate award for aggravated damages.

The EAT held that the ET had not erred in its consideration of the "return to work" provision of the LTDB, and so the Respondent's appeal would be dismissed; on the Claimant's appeal, the EAT held that the ET had erred with regard to the award for injury to feelings and aggravated damages, and the matter would be remitted to the same ET, if practicable, for consideration of aggravated damages and compensation.