Claimant v Automobile Association Developments Limited
Outcome
Individual claims
The tribunal found contraventions of the Equality Act 2010 and awarded injury to feelings of £11,000 plus interest, along with financial loss compensation and ACAS uplift.
Facts
This is a remedy hearing following a liability judgment finding disability discrimination under the Equality Act 2010. The claimant worked as Recovery Patrols for the AA. The tribunal assessed compensation for financial loss and injury to feelings, with specific consideration of the claimant's failure to mitigate losses.
Decision
The tribunal awarded total compensation of £24,111.68 comprising: financial loss of £8,138.28, injury to feelings of £11,000, total interest of £2,781.43, and a 10% ACAS uplift. The tribunal rejected claims for aggravated damages and personal injury. Financial loss was limited to 6 months due to failure to mitigate. Two recommendations were made regarding future vacancy notifications and reference provision.
Practical note
Even where discrimination is established, tribunals will rigorously apply mitigation principles and will limit compensatory awards where claimants unreasonably fail to seek alternative employment, while using recommendations to facilitate future job prospects.
Award breakdown
Vento band: middle
Adjustments
Unreasonable failure to comply with ACAS Code - 10% uplift applied under section 207A Trade Union and Labour Relations (Consolidation) Act 1992
Legal authorities cited
Statutes
Case details
- Case number
- 3311886/2023
- Decision date
- 18 July 2025
- Hearing type
- remedy
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Recovery Patrols
Claimant representation
- Represented
- Yes
- Rep type
- lay rep