This case can be regarded as having extensive history with the first decision of the EAT being successfully appealed at the Court of Appeal in Small v The Shrewsbury & Telford Hospitals NHS Trust [2017] EWCA Civ 882.  The basis of the case arose from the fact that the temporary contract of the claimant was ended by the respondent following a protected disclosure that was made.

The ET found that the dismissal was unfair and awarded compensation for injury to feelings, loss of earnings and aggravated damages.  The Court of Appeal agreed with the argument that Chagger damages for stigma loss should be awarded. These damages, arising from the case of Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202, are designed to compensate a claimant who has made a protected disclosure or brought legal proceedings and that they would be adversely affected within their area of work.

The issue with the level of Chagger damages arose in the ET when the Tribunal sought third parties to provide disclosure of the documents relating to job applications that had been made by the claimant.  The claimant argued that this went beyond the scope of the remission of the case from the Court of Appeal.  The EAT outlined that the law was clear as seen in Aparau v Iceland Frozen Foods (No 2) [2000] ICR 341 that the Tribunal should not revisit other areas of the case when it had been remitted for a particular reason.

In this case, however, the Respondent successfully argued that the third party documents would go to answering the question that had been remitted to the Tribunal on the level of Chagger damages.  The reason for this is that the third party documents would be able to shed light on the nature of any applications and whether any stigma would be attached to the claimant in future applications. Accordingly, the appeal was dismissed.

Practical Lessons

This case serves to demonstrate the type of evidence that could be adduced in determining the level of damages that should be awarded.  Whilst there is a lengthy history to this case, the index judgment was on a very narrow issue of whether third party disclosure should be made vis-à-vis Chagger damages.  In this case, it was held that it was relevant and serves to demonstrate that evidence can be obtained from third parties when it comes to the issue of whether a stigma would be attached to the claimant in future job opportunities.
https://assets.publishing.service.gov.uk/media/5d6e3b39ed915d53b8ebdbdb/Mr_Leslie_John_Small_v_The_Shrewsbury___Telford_Hospitals_NHS_Trust_UKEAT_0077_19_JOJ.pdf