Blackpool Fylde and Wyre Society for the Blind v Begg UKEAT/0035/05 | Practical Law

Blackpool Fylde and Wyre Society for the Blind v Begg UKEAT/0035/05 | Practical Law

In a claim for unfair dismissal, the tribunal has the discretion to reduce the compensation to take account of contributory fault. However, there is no equivalent legislative provision in relation to discrimination claims, where compensation is assessed according to the principles of damages in tort. In The Blackpool Fylde and Wyre Society for the Blind v Begg UKEAT/0035/05 the employer sought to argue that the tribunal should have made a deduction for contributory fault from the compensation awarded to the employee for disability discrimination. In doing so, it sought to rely on section 1(1) of the Law Reform (Contributory Negligence) Act 1945, which gives the court the power to reduce the amount of damages awarded where the damage suffered is parly caused by the claimant themselves. However, this point had not been raised before the tribunal and the EAT held that it was not approrate for a "wholly novel point" to be raised before it (see Practice note, EAT practice and procedure (03): grounds of appeal: New points of law).

Blackpool Fylde and Wyre Society for the Blind v Begg UKEAT/0035/05

Practical Law Resource ID 1-380-8739 (Approx. 2 pages)

Blackpool Fylde and Wyre Society for the Blind v Begg UKEAT/0035/05

by PLC Employment
Published on 31 Mar 2005England, Scotland, Wales
In a claim for unfair dismissal, the tribunal has the discretion to reduce the compensation to take account of contributory fault. However, there is no equivalent legislative provision in relation to discrimination claims, where compensation is assessed according to the principles of damages in tort. In The Blackpool Fylde and Wyre Society for the Blind v Begg UKEAT/0035/05 the employer sought to argue that the tribunal should have made a deduction for contributory fault from the compensation awarded to the employee for disability discrimination. In doing so, it sought to rely on section 1(1) of the Law Reform (Contributory Negligence) Act 1945, which gives the court the power to reduce the amount of damages awarded where the damage suffered is parly caused by the claimant themselves. However, this point had not been raised before the tribunal and the EAT held that it was not approrate for a "wholly novel point" to be raised before it (see Practice note, EAT practice and procedure (03): grounds of appeal: New points of law).