The Claimant succeeded in claims, including failure to make reasonable adjustments and discrimination because of something arising in consequence of disability in respect of his dismissal. The Claimant also succeeded in a complaint of unfair dismissal for which was awarded a basic award and loss of statutory rights. The Claimant succeeded in a claim of wrongful dismissal. The Respondent appealed against the remedy judgment, in particular the grossing up of the entire injury to feelings award and a finding that the Claimant had fully mitigated his loss, thus entitled to be awarded his full loss of earnings to date.

The EAT allowed the appeal. The ET did not consider whether the totality of the award of injury to feelings would be subject to tax and so should be grossed up. The ET should have considered whether to apportion the award and only to gross up the element that related to dismissal. The ET's reasoning on the mitigation aspect was so inadequate that the appeal on this ground was also allowed.