Al Jumard v Clywd Leisure Ltd [2008] IRLR 345
The Employment Appeal Tribunal gave guidance on damages for injury to feelings in discrimination cases: where more than one form of discrimination arises out of the same facts, it can be artificial to ask to what extent each discrete head of discrimination has contributed to the injured feelings, and there will be no error of law where the tribunal does not do that.
Where discriminatory heads overlap, it is not appropriate to treat each form of discrimination independently and then add the sum for each. At the end of the exercise the tribunal must stand back and have regard to the overall magnitude of the global sum to ensure that it is proportionate, and that there is no double counting in the calculation.
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