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Corus Hotels Plc v (1) L Woodward (2) S Rushton

For the purposes of assessing the level of compensation for injury to feelings following a finding of sex discrimination, an employment tribunal was under an obligation to take into account broad levels of awards in personal injury cases as a whole, rather than specific supposed comparators. In the instant case, the employment tribunal had wrongly inflated the award as a punishment to the employer.

30 June 2006

The appellant employer (C) appealed against the level of compensation awarded to the respondent (W) for injury to feelings following findings of sex discrimination on the part of C. W, who was a single parent of a 12-year-old child, had an interview with C’s employee (R) during which R made several references to her child and to difficulties she might face with the position. R gave the firm impression that he was seeking to dissuade her from her interest in the position. W was given no subsequent indication of a reason for her lack of success and brought a claim for sex discrimination. The employment tribunal found C liable for sex discrimination and awarded compensation for injury to feelings. C contended that: (1) the tribunal did not take into account the general level of award in personal injury claims account and that the resulting figure was one that the hypothetical man or woman in the street would think was too high, particularly by reference to awards in personal injury c...

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