DWP Loses Appeal on Disability Discrimination Compensation
The Employment Appeal Tribunal has largely upheld an Employment Tribunal's decision in a disability discrimination and constructive unfair dismissal claim.
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DWP Disability Discrimination Appeal Outcome
The Employment Appeal Tribunal (EAT) has recently considered a case involving disability discrimination and constructive unfair dismissal, impacting a significant compensation award. The original Employment Tribunal awarded Mr. Darron Foat £373,936.69 in compensation. Mr. Foat appealed four aspects of this award, while the Department of Work and Pensions (DWP) cross-appealed on one point.
The EAT has now dismissed all of Mr. Foat's grounds of appeal. However, the DWP's cross-appeal was allowed, leading to an adjustment in the awarded compensation. Specifically, the Tribunal's award for future loss of earnings has been reduced from £147,071.19 to £108,833. This adjustment was made because the original Tribunal had incorrectly used a gross salary figure when calculating future losses, despite finding that this portion of the award would not be taxable for Mr. Foat.
The appeals concerning the ACAS uplift, the deduction of Personal Independence Payment (PIP) benefits, and the assessment of future contingencies were all dismissed by the EAT. The Tribunal's handling of these matters was found to be legally sound.
Furthermore, the EAT upheld the original Tribunal's decision not to address a claim for an annual bonus. It was noted that this claim was not formally included in the initial claim form or schedule of loss, and was only raised late in the proceedings. The Tribunal reasoned that adding such a claim at such a late stage, without a formal application to amend, would not serve the interests of justice.
In summary, while the core findings of disability discrimination and constructive unfair dismissal stand, the final compensation figure has been revised due to the successful cross-appeal by the DWP regarding the calculation of future loss of earnings. The total compensation awarded has been adjusted downwards accordingly.
Read the entire judgment here: Mr D Foat v Department for Work and Pensions EAT 61
