JOHN BARCLAY ESTATE & MANAGEMENT v MR M NEWLAND [2000] UKEAT 1216_99_1702
[1]APPEARANCES For the Appellants MR A MOOR (Representative) JUDGE WILSON : This has been the preliminary hearing of the appeal by the company respondent to the Originating Application against the decision of the tribunal that the respondents had discriminated against the applicant on the grounds of his sex and that he should receive the sum of £500. The situation was that the applicant in the original proceedings had answered an advertisement in a Job Centre and when an enquiry was made on his behalf a member of the Job Centre staff was told that the respondent company did not want a man. It appears that that was not an authorised statement, but of course in law the company is responsible for the acts of its employees.[2]The tribunal having heard the applicant, the respondent not having attended, decided that there had been proper notice and the case should proceed, concluded that they should award the sum of £500 for injury to feelings to the applicant.[3]There is no mistake of law of discernible in the proceedings before the tribunal or in the way in which they went about their task. While we can understand why the respondent company should wish to appeal, it is not within our province to hear arguments about quantum unless the amount of the award is a perversely large one. Quite clearly, the amount in this case is not perversely large and, accordingly, this appeal has no prospect of success even upon full argument. It must therefore be dismissed at this stage.