Instant Muscle Ltd v. Khawaja

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 5 November 2003 Before

The Employment Tribunal found that this matter had not adequately been considered by the company. It would have been reasonable for the company to have taken steps to make arrangements for Mr Khawaja's evacuation from the third floor in the event of fire. There is before us no appeal against the Liability Decision. Although the Company's Notice of Appeal refers to it, the Company was out of time to appeal against that Decision and an extension of time was refused.

The Employment Tribunal said that they placed injury to feelings at the upper end of the lower bracket envisaged by the Employment Appeal Tribunal in Tchoula and made an award of �6000 for injury to feelings.

We observe that it would be rare indeed for an award in a disability discrimination case to fall within the top band. We observe that it is thankfully rare in our society for there to be lengthy campaigns of harassment on the grounds of disability, but in the rare case of such a campaign, an award in this bracket will be appropriate.