Court of Appeal confirms 10% uplift applies in ET

Back in July 2015 Robert wrote about the inconsistent EAT decisions as to whether the Simmons v Castle 10% uplift applies to awards made in employment tribunal discrimination proceedings, including awards for psychiatric injury and injury to feelings.

This question reached the Court of Appeal in De Souza v Vinci Construction UK Ltd [2017] EWCA Civ 879. Handing down judgment on 4^th July 2017, the Court found that the uplift does apply. The full reasoning set out in fairly brief terms at Paragraphs 25 – 35 of the judgment, which can be found here.

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Author: Robert Golin Farrars (chambers@farrarsbuilding.co.uk)

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