In the case of Foat v Department of Work and Pensions, the claimant succeeded in claims for disability-related harassment, failure to make reasonable adjustments and constructive unfair dismissal.
The Employment Tribunal found that a series of acts between 2018 and 2019 culminated in the claimant’s resignation. The claimant suffered severe depression, anxiety and fibromyalgia, and the Tribunal accepted medical evidence that the employer’s unlawful conduct had caused a significant deterioration in his health.
At a separate remedy hearing, the Tribunal awarded compensation of approximately 374,000, including substantial awards for personal injury, injury to feelings, past and future loss of earnings, and pension loss.
Both parties appealed aspects of the compensation award.
The Employment Appeal Tribunal dismissed all of the claimant’s grounds of appeal but upheld one aspect of the employer’s cross-appeal, reducing the overall compensation award to approximately 335,000.
One of the most significant issues concerned the treatment of the claimant's PIP. The claimant argued that PIP should not have been deducted from compensation because it was intended to meet care and mobility needs rather than compensate for lost earnings.
The EAT rejected that argument. It confirmed that the central question was whether the claimant would have received the benefit “but for” the employer’s unlawful conduct. In this case, the claimant only became entitled to PIP...
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