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How to calculate damages for disability discrimination case?

Re: How to calculate damages for disability discrimination c

Postby tommydog » Fri Apr 07, 2017 10:07 pm

Thanks blig, I still think establishing the title of "worker" is complex, and even without time limits I don't think it's the easiest option.

Returning to the possibility for a claim under breach of contract, I don't think it's hard to prove a breach of contract. The university equality policies and procedures (which form part of the signed learning agreement) are extremely comprehensive. They go far beyond what is laid down in the Equality act. In my opinion THE PROBLEM IS DAMAGES. It's all very well showing a breach, but if there are no damages then a claim is difficult.

What about the damages heading of Discomfort / disappointment? I am aware that Damages to reflect discomfort and disappointment can only be claimed where enjoyment forms part of the contract. Examples in case law include holidays, restaurant bookings. But does enjoyment not figure in studying for a degree? As an example, we have a 75 year old family friend who recently completed a creative writing degree. It was purely for enjoyment; as creative writing is a real passion for him.

This is interesting:

There is a limit to damages for distress for breach of contract. In Bliss, Dillon LJ stated that such damages should be confined to cases "where the contract which has been broken was itself a contract to provide peace of mind or freedom from distress".


The question then is are anti discriminatory policies which form part of a contract designed to provide peace of mind or freedom from distress?
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Re: How to calculate damages for disability discrimination c

Postby tommydog » Sat Apr 08, 2017 9:17 am

Think I will post a thread in the contract section, as I have now been reading extensively and have a few questions related to specific points of law in the area of contract.
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Re: How to calculate damages for disability discrimination c

Postby atticus » Sat Apr 08, 2017 9:58 am

Earlier this week I read an interesting judgment by Whipple J in a case brought against Oxford University by a disappointed former student. If I can find it again, I will post a link.

Informative, but not directly relevant.
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Re: How to calculate damages for disability discrimination c

Postby Smouldering Stoat » Sat Apr 08, 2017 10:37 am

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Re: How to calculate damages for disability discrimination c

Postby tommydog » Sun Apr 09, 2017 6:28 pm

thanks for posting that. I have to say it gave me a little smile.
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Re: How to calculate damages for disability discrimination c

Postby tommydog » Sat Apr 15, 2017 7:57 pm

What about a statutory claim under the Consumer Rights Act 2015? I think I have 6 years for this. I was specifically thinking of section 49:

49.Service to be performed with reasonable care and skill


If I can establish that discrimination in the provision of services by the university is a breach of this clause, then I may be able to claim a price reduction on the fees:

56.Right to price reduction


But what happens if my fees were paid by way of a bursary? These were paid directly to the university by the NHS Business Services Authority. As I did not pay these from my own pocket, where does this leave section 56 as a right to a price reduction?
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Re: How to calculate damages for disability discrimination c

Postby atticus » Sat Apr 15, 2017 10:50 pm

It is sufficient to ask the question once, in one topic.

viewtopic.php?f=24&t=7425&p=98506#p98506

Topic locked. Further replies in the other one (as per link, above).
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