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Injury to feelings award of £10,000 was not supported by the facts

The EAT has allowed an appeal against an employment tribunal's award in the middle Vento band for injury to feelings, which it held was not justified by the tribunal's findings of fact. The tribunal had focused on its own view of the respondent's conduct in making the award of £10,000, rather than looking at the effect it had actually had on the claimant, which had never gone beyond making her feel "very uncomfortable". The EAT found that this could only be classified in the lower Vento band, and so substituted an award of £6,600.

The EAT also allowed the appeal against the finding that the Acas Code had been engaged, which had resulted in a 25% uplift in the compensation awarded. The claimant in this case had only made her grievances orally, and so the Acas Code did not apply. In the tribunal's oral judgment, it found that the claimant had not submitted a grievance in writing. However, when the parties received the written reasons, they contained a finding that the claimant's resignation letter constituted a written grievance and therefore triggered the application of the Acas Code. The EAT found that this had been an impermissible course on the part of the tribunal, and quashed the 25% uplift on that basis. (The Cadogan Hotel Partners Ltd v Ozog UKEAT/0001/14.)

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