In the case of Taylor v XLN Telecom Ltd and others [UKEAT/0385/09/ZT] reported today the Employment Appeal overturned the decision of the Tribunal.  The Tribunal found that the Claimant had been dismissed partly because he had made a complaint of racial discrimination but declined to make any award for injury to feelings or personal (psychiatric) injury because although there was evidence the Claimant had suffered both in evidence he attributed it to his dismissal and the manner of it rather than the victimisation.

The Tribunal felt bound by Skyrail Oceanic Ltd v Coleman [1981] which stated that “any injury to feelings must result from the knowledge that it was an act of sex discrimination…”  The EAT held that the Claimant was entitled to recover for any injury to feelings and personal injury without the need to attribute the injury specifically to knowledge of the element of discrimination. Skyrail was not authority to the contrary.