Interest on Tribunal Awards

Authorities (2)

• Marshall v Southampton and South-West Hampshire Area Health Authority (No.2) [1993] ICR 893 [judgment]
  O. Due, President, C.N. Kakouris, G.C. Rodríguez Iglesias, M. Zuleeg, J.L. Murray (Presidents of Chambers), G.F. Mancini, F.A. Schockweiler, F. Grévisse, M. Diez de Velasco, P.J.G. Kapteyn and D.A.O. Edward, Judges

  Discrimination; remedies; the statutory cap on compensation for sex discrimination was unlawful under EU law. The ECJ also held that interest on discrimination compensation is an essential component of the award, establishing the principle that gave effect to the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996.

• Komeng v Creative Support Ltd EAT 0275/18
  Mrs Justice Stacey

  Remedies; interest; the EAT ruled that employment tribunals must consider awarding interest on discrimination compensation regardless of whether the parties have applied for it, following the principle in Marshall (No.2) that interest is an essential component of discrimination compensation. Stacey J held it was not correct for the tribunal to rely on the absence of an application to justify not awarding interest.