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Aggravated damages for misconduct in defending case

This report relates to 1 case(s)

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    Zaiwalla & Co and another v Walia [2002] IRLR 697 EAT (2 other reports)

    • Aggravated damages: Aggravated damages award based on employer's conduct of defence

      9 December 2002

      In Zaiwalla & Co and another v Walia the EAT holds that an employment tribunal which upheld an employee's complaint of sex discrimination was entitled to award aggravated damages of £7,500 to reflect the fact that the employer conducted its defence of the tribunal proceedings in a manner deliberately designed to be intimidatory and threatening, and to cause the maximum distress to the employee.

    • On appeal

      15 October 2002

      Continuing our series on the implications of recent significant cases, Chris Middleton of Kemp Little's employment group looks at the issues surrounding some employment-related disputes.

In Zaiwalla & Co v Walia (24 July 2002), the EAT rules that aggravated damages can be awarded by reference to an employer's conduct in defending a discrimination case.