Department for Work and Pensions

Case Summary

The claimant succeeded in part in claims for disability discrimination and constructive unfair dismissal arising from harassment related to disability over 2016-2019. The Employment Tribunal awarded £373,936.69 compensation at remedy hearing. The EAT dismissed the claimant's four grounds of appeal challenging the ACAS uplift, PIP deduction, multiplier assessment, and omission of bonus claim, but allowed the respondent's cross-appeal regarding use of gross salary figures, substituting a lower net salary-based award of £108,833 for future loss of earnings.

The EAT found the Tribunal did not err in applying a 2% ACAS uplift despite breaches of the ACAS Code, as the Tribunal properly exercised its discretion to reduce the uplift to ensure justice and equity considering the absolute value of the award. The Tribunal correctly held that PIP benefits received as a consequence of the respondent's unlawful act were properly deductible from the overall compensation under the general rule that consequential receipts are set off against losses. The Tribunal's 50% contingency discount for non-life contingencies was entitled and adequately reasoned. However, the Tribunal erred in using gross salary as the multiplicand for future loss when it had found the award would not be taxable, and the EAT substituted a net figure.

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• •Whether disability discrimination compensation should be subject to ACAS uplift and at what percentage
• •Whether Personal Independence Payment (PIP) state benefits can be deducted from loss of earnings awards
• •Assessment of multiplier for future losses reflecting contingencies including pre-existing vulnerability
• •Whether claim for loss of annual bonus was properly before the tribunal
• •Whether gross or net salary should be used as multiplicand for future loss of earnings

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