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Sex discrimination: Compensation where pre-existing condition found

This report relates to 1 case(s)

  • expand disabled

    Sadler v Portsmouth Publishing and Printing Ltd [2004] All ER (D) 223 (Oct) EAT (0 other reports)

Key points

In Sadler v Portsmouth Publishing and Printing Ltd, the EAT holds:

  • An employment tribunal's approach to assessing compensation for the psychiatric injury suffered by an employee as a result of sexual harassment at work, and compensation for her past and future pecuniary loss, was flawed.
  • The tribunal was entitled to apply a deduction of 80% to the award for psychiatric injury to take account of its finding that the employee's underlying depressive condition contributed to her illness following the harassment to that extent, but it had been wrong to apply an additional discount to that head of compensation to reflect its finding that there was a 33% chance of the employee suffering a relapse in any event.