Sex Discrimination: Some Guidance on Awards and Recommendations

In The Governing Body of St Andrew's Catholic School and others v Blundell, the EAT has provided some useful guidance in respect of compensation awards and recommendations in Sex Discrimination claims.  Mrs Blundell was victimised over a 4 month period and this culminated in her dismissal. The Tribunal awarded her £22,000 in compensation for injury to feelings, £5,000 in aggravated damages and 5 years loss of future earnings.  The Tribunal recommended that the school should send a letter to all parents and teachers, stating that it was accepted by the head teacher that all criticism of the Claimant's teaching ability was unfounded.  This was even though the head teacher did not agree with this statement. 

The School appealed and the EAT found that the compensation for victimisation was pitched too high.  

The EAT:

• reduced compensation for injury to feelings to £14,000;
• upheld the aggravated damages award on the basis of the manner in which the Respondent conducted the remedies hearing, during which it criticised the Claimant's teaching ability;
• upheld the award in principle of 5 years future loss of earnings; and,
• held that the Tribunal's recommendation should be amended so as not to require the headmistress to make statements with which she does not agree.