Dr Vivienne Jean Lyfar-Cisse First v Brighton & Sussex University Hospitals NHS Trust Second Respondent Mr Graham White — 2018

This was the remedy hearing following the tribunal's earlier unanimous finding that Dr Lyfar-Cisse had succeeded on race discrimination in the form of victimisation contrary to s.27(1) Equality Act 2010. The Claimant sought £15,000 for injury to feelings, £10,000 for aggravated damages, and £1,200 for travel expenses. The tribunal considered Vento, the Presidential Guidance following De Souza, and the authorities on aggravated damages including Commissioner of Police v Shaw, Durrant, and HM Prison Service v Salmon.

The tribunal accepted that Dr Lyfar-Cisse was upset and distressed when she learned that Mr White had intervened in her grievance without telling her. However, it held that distress arising from the 21 unsuccessful claims, earlier proceedings, later proceedings, and her continuing view that the failed claims remained valid could not be taken into account in assessing remedy. It also rejected allegations that the Respondents had acted in bad faith, had concocted a restorative justice explanation, or had engaged in malicious, capricious, or premeditated use of internal procedures.

Applying a compensatory, not punitive, approach, the tribunal held that aggravated damages were not made out. It said the travel expense claim was a matter for the separate costs application rather than an award in this hearing. It assessed the injury to feelings at the upper end of the lower Vento band, noted an uprated lower-band figure of £6,773.10, fixed the principal award at £5,000, and added interest of £2,362.73 for the period 15 June 2012 to 11 May 2018, producing a total award of £7,363.