MR F ELDEWINY v CITY CENTRE RESTAURANT UK LTD & OTHERS [2000] UKEAT 1185_99_1401

EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [2000] EAT 1185_99_1401Case No Appeal No. EAT/1185/99Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
MR F ELDEWINYAPPELLANTCITY CENTRE RESTAURANT UK LTD & OTHERSRESPONDENT
Before
Mr Justice Charles Mr A C Blyghton Mr T C ThomasDate 14 January 2000
[1]APPEARANCES For the Appellant IN PERSON MR JUSTICE CHARLES : The parties to this appeal are a Mr Eldewiny and the City Centre Restaurant UK Ltd and Others who are the Respondents to the appeal and were the employers. The appeal is against a decision of an Employment Tribunal sitting at London (North) in respect of the Remedies Hearing which took place on 2 August 1999.[2]There are three grounds stated in the Notice of Appeal. They are:
"1. The award with respect to injury to my feelings was inadequate in all the circumstances. 2. The tribunal erred in failing to award any compensation with respect to future loss. 3. The tribunal erred in determining that the appropriate comparator in my case would be a 'notional' internal candidate and not the actual person who was appointed on the basis that he was an external candidate."
[3]In our judgment all three of those points should go forward to a full hearing. The skeleton argument before us dealt only with Point 1.[4]Point 1 raises points by reference to authorities as to the correct approach to be taken in respect of awards for injury to feelings, and thus having regard to earlier authority the range of awards made in respect of injury to feelings which are meant to be compensatory awards. The argument on the appeal is that the award is far too low, having regard to other cases. It seems to us that this part of the appeal could give rise to a point of some general importance, having regard to the quantification of this type of award and for that reason we will give this appeal Category A and a time estimate of one day.