The Scottish EAT handed down judgment in Eddie Stobart Ltd v Graham [2025] EAT 14 on 29 January 2025. Barry Clarke J (President of Employment Tribunals (England & Wales)), held that the Glasgow Employment Tribunal had erred in its approach to assessing Injury to Feelings in proceedings brought by the Claimant at first instance.
The Claimant had made numerous claims relating to her pregnancy/maternity and succeeded in only limited aspects of those claims, under section 47C of the Employment Rights Act 1996, and separately unfavourable treatment because of her pregnancy/maternity leave under section 18 of the Equality Act 2010, in the respect that the respondent failed to deal with/investigate her grievance. The Tribunal had assessed Injury to Feelings at £10,000 (representing the bottom of the middle band of Vento).
The Respondent appealed against this decision on the basis that the award made was manifestly excessive given the paucity of evidence given by the Claimant as to the level of her injured feelings and the factual findings made by the Tribunal that the Claimant had experienced “a degree of upset at the failure, as she saw it, of the respondent to seriously consider her case.”.
The EAT accepted arguments made by the Appellant that the award made by the Tribunal was manifestly excessive (paragraphs 53-58), was not Meek compliant (paragraphs 59-60) and substituted the Tribunal’s award for an award of £2,000 plus interest of £169 (paragraphs 62-65).
The EAT went on to review the relevant case law (paragraphs 30-37), reiterated the importance of evidence supporting any claim for Injury to Feelings (paragraphs 38-42) and given important guidance as to the factors that a Tribunal may wish to consider when assessing any award for Injury to Feelings (paragraph 52):
The judgment can be read here.
Paras Gorasia of Old Square Chambers (leading Adeola Fadipe of Doughty Street Chambers) acted for the successful Appellant (Eddie Stobart Ltd) and was instructed by Sheila Shaw of Analysis Legal LLP (who had conduct of the hearing on their behalf in the Employment Tribunal).
