E-mail this to a friend
Print this
RJW cases top tables for discrimination pay-outs
13 August 2007
The award-winning Employment team at Russell Jones & Walker achieved two of the highest Employment Tribunal awards1 for unlawful discrimination in 2006, according to figures released by the Equal Opportunities Review this month (1 August 2007).
The figures reveal that compensation of more than £4 million was awarded for unlawful discrimination in 2006, across 313 cases included in the Review’s annual survey. The average award across all strands of discrimination was £13,260 and the median was £7,500.
RJW cases topped the tables in two separate discrimination categories: the Combarel v Boots Opticians Ltd case topped the disability discrimination table with an award of £144,931; and Lobo v London Underground topped the ‘combined jurisdiction’ discrimination category (in this case both race and sex discrimination) with an award of £38,750.
Highest award for disability discrimination:
RJW’s Combarel v Boots win, December 2006.
Mrs Combarel was dismissed from work while suffering from severe depression, diagnosed as Post Traumatic Stress Disorder, which arose during the course of her employment as a result of conflicts with management. The Employment Tribunal vindicated Ms Combarel’s claim in a highly critical judgement against Boots. The Tribunal ruled that not only did Boots cause Ms Combarel’s ill health but they then aggravated her condition by their handling of the situation at work. Staggeringly, during the proceedings, Boots admitted full liability for the allegations being made against it, which is almost unheard of in cases of this kind. The concession at the point that it was made was described by the Tribunal as Boots “behaving maliciously”.
Mrs Combarel won £20,000 for personal injury – the highest award in this category – and almost £80,000 for loss of earnings to the date of the tribunal hearing and future loss. The tribunal also awarded £22,000 for injury to feelings (including aggravated damages at £6,000), which was also the top award for this category in 2006. In addition to this the 41-year-old was awarded expenses to cover to costs incurred in setting up her own podiatry practice. This included £5,000 to cover expense incurred in obtaining the relevant diploma and a further £20,025 to enable her to commence business.
Only two other Employment Tribunal awards in the Review’s survey were for more than £100,000. The majority of awards (some 29 percent) fell below £5,000.
Highest award for ‘combined jurisdiction’ discrimination:
RJW’s Lobo v London Underground win, November 2006 (race and sex discrimination).
In Lobo v London Underground Ltd Mr Lobo claimed unfair dismissal and discrimination on grounds of sex and race after a catalogue of incidents while employed by LUL. The Tribunal ruled in favour of Mr Lobo and stated LUL had conducted the proceedings in an unreasonable manner. The Employment Tribunal ruling in November 2006 not only awarded Mr Lobo back pay from dismissal to judgment, but made an extraordinarily rare order for reinstatement. It also took the unusual step of ordering LUL to meet Mr Lobo’s legal costs because of their “unreasonable and misconceived” conduct during the hearing.
Mr Lobo was awarded £38,750. This was highest total award for combined jurisdiction and the highest award for injury to feelings which, including aggravated damages, was set at £25,000.
Edward Cooper, Head of the award-winning Employment Law team at Russell Jones & Walker, who act only for claimants, said:
“The value of these awards is testament to the powerful evidence produced during the hearings but also to the persuasive legal arguments put forward by the lawyers at RJW.”
-Ends
For further information, please contact:
Samantha Mangwana, Solicitor, Russell Jones & Walker 020 7339 6661
James Boyd- Wallis, Kysen PR 020 7462 8404
Note 1: These are sums awarded by the Employment Tribunal, and not those achieved via negotiated settlement.