The EAT held that:
- tribunals must not take the size of the employer's organisation into account when assessing injury to feelings (para. 16)
- the fact they took into account the "complete failure" of the Respondent's equal opportunity indicated that the award included a punitive element, which was not permitted in an award for injury to feelings (paras. 19-20)
Accordingly the EAT reduced the injury to feelings award from £5,000 to £4,000.
Corus Hotels v Woodward