Small v The Shrewsbury & Telford Hospitals NHS Trust UKEAT/0077/19/JOJ

Appeal against the scope of the ET’s consideration of the matter remitted by the Court of Appeal. Appeal dismissed.

The Claimant, who had been engaged on a temporary contract with the Respondent, was dismissed. The ET accepted that the dismissal arose from the Claimant making a protected disclosure, with "career ending" consequences, and it awarded compensation for injury to feelings, aggravated damages and loss of earnings. The Claimant, on appeal to the Court of Appeal, successfully argued that the ET should consider a so-called Chagger head of damages for stigma loss, and the matter was remitted back to the ET to undertake that exercise. Further orders were made by the ET, including one requiring a number of listed third parties to provide disclosure of all documents relating to job applications by the Claimant; and the Claimant appealed on the ground that the ET had exceeded the scope of the remission by making third party disclosure orders relating to job applications during a four-month period after dismissal.

The EAT held that the ET had not exceeded or sought to exceed the scope of the remission in making the relevant third party discovery orders.

Published: 04/09/2019 10:58

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