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Race discrimination: Uncapped award for failure to reinstate employee dismissed on racial grounds

This report relates to 1 case(s)

An employee who was dismissed unfairly and unlawfully on grounds of race was entitled to an uncapped award of compensation under the Race Relations Act for the financial loss flowing from the dismissal when his employer failed to comply with an order for reinstatement, even though the dismissal occurred before the cap on such awards was lifted, holds the EAT in D'Souza v London Borough of Lambeth [1997] IRLR 677. An industrial tribunal should have made such an award to give the employee his full compensation, which in this case amounted to £358,288.

Mr D'Souza, who is of Asian ethnic origin, was employed by the London Borough of Lambeth ("Lambeth") from 3 March 1986 until 16 January 1990, when he was dismissed.