HM Land Registry v McGlue
HM Land Registry (HMLR) was offering its workforce early retirement. Ms McGlue expressed interest in this but, because she was on a career break at the time, she was turned down. (Managers had decided between themselves that employees who were on a career break and who were not due to return before a set date should be excluded from consideration.)
Ms McGlue claimed indirect sex discrimination. She said that a provision, criterion or practice had applied to her as part of a group which was excluded from being considered for early retirement. That criterion disadvantaged her.
The tribunal upheld her claim and awarded her £71,000 in compensation, which was the amount she would have had under early retirement. She was also awarded £12,000 for injury to feelings and £5,000 for aggravated damages.
HMLR appealed the remedy decision, arguing that Ms McGlue had suffered no financial loss because she had continued to be employed by HMLR. Ms McGlue's response was that, had she taken early retirement, she would have found a similarly paid job and so would have had the benefit both of an ongoing salary and the early retirement sum.
The Employment Appeal Tribunal (EAT) rejected HMLR's appeal; the tribunal was right to award the compensatory and injury to feelings awards. But the EAT reduced Ms McGlue's aggravated damages award by £5,000 because there was no basis for it.
HM Land Registry (HMLR) was offering its workforce early retirement. Ms McGlue expressed interest in this but, because she was on a career break at the time, she was turned down. (Managers had decided between themselves that employees who were on a career break and who were not due to return before a set date should be excluded from consideration.)
Ms McGlue claimed indirect sex discrimination. She said that a provision, criterion or practice had applied to her as part of a group which was excluded from being considered for early retirement. That criterion disadvantaged her.
The tribunal upheld her claim and awarded her £71,000 in compensation, which was the amount she would have had under early retirement. She was also awarded £12,000 for injury to feelings and £5,000 for aggravated damages.
HMLR appealed the remedy decision, arguing that Ms McGlue had suffered no financial loss because she had continued to be employed by HMLR. Ms McGlue's response was that, had she taken early retirement, she would have found a similarly paid job and so would have had the benefit both of an ongoing salary and the early retirement sum.
The Employment Appeal Tribunal (EAT) rejected HMLR's appeal; the tribunal was right to award the compensatory and injury to feelings awards. But the EAT reduced Ms McGlue's aggravated damages award by £5,000 because there was no basis for it.
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