This case, head by the Employment Appeal Tribunal, is authority for the proposition that a claimant is able to claim for personal injury and/or injury to feelings attributable to a discriminatory act even without having to prove knowledge of the discriminatory act.

 

A tribunal had found that the claimant had been the subject of racially-motivated victimisation as his dismissal had been influenced by a grievance raised by the claimant alleging racial discrimination. An award for injury to feelings was, however, disallowed because whilst the claimant had suffered distress, this was in connection with his dismissal and not the fact that he had been discriminated against.


The Employment Appeal Tribunal reversed this decision stating that the claimant was able to recover damages for personal injury and/or injury to feelings whether or not he had known of the reason behind his employer's decision to dismiss him. In cases of indirect discrimination, this ruling is likely to have a significant impact.

 

Taylor v XLN Telecom