EAT Overturns Pregnancy Discrimination Award Due to Flawed Injury to Feelings Assessment
In Shakil v Samsons Limited, the EAT found the tribunal's assessment of injury to feelings lacking, failing to properly apply Vento guidelines and consider the claimant's pregnancy. The case has been remitted to a new tribunal.
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EAT Rejects Tribunal's Approach to Injury to Feelings in Pregnancy Discrimination Case
The Employment Appeal Tribunal (EAT) has ruled against an Employment Tribunal's decision in the case of Sadia Shakil v Samsons Limited, criticising its flawed assessment of injury to feelings in a pregnancy discrimination claim.
Background of the Case
Ms Shakil, an accountant, alleged pregnancy discrimination after her employer, Samsons Limited, a small property development company, reduced her working hours and subsequently dismissed her shortly before her maternity leave commenced. The Employment Tribunal found in favour of Ms Shakil, concluding that both the reduction in hours and dismissal were acts of pregnancy discrimination.
EAT's Criticism of the Tribunal
The EAT, however, took issue with the Tribunal's handling of the injury to feelings award. The EAT found the Tribunal's analysis wholly inadequate, citing several failures, including:
- Lack of specific findings of fact regarding Ms Shakil's emotional distress.
- Failure to properly apply the updated Vento guidelines for assessing injury to feelings awards.
- Inappropriate consideration of the respondent's financial situation.
- Failure to consider the impact of the discrimination in the context of Ms Shakil's pregnancy.
- Disregarding the respondent's conduct during the legal proceedings.
Remission to a New Tribunal
The EAT overturned the original award and remitted the assessment of injury to feelings to a different Employment Tribunal. This decision highlights the importance of correctly applying the Vento guidelines and considering all relevant factors when assessing injury to feelings in discrimination cases, particularly those involving pregnancy.
