The EAT (HHJ McMullen QC presiding) has handed down Judgment in Lycée Français Charles de Gaulle v Delambre which is authority for the proposition that an Employment Tribunal has a wide discretion in making recommendations when upholding a discrimination complaint, and on appeal, there is a narrow ability to interfere with that discretion.
The employer, a French school in London, committed age discrimination and victimisation against the Claimant, who remains employed there, after not considering her for promotion. The Employment Tribunal's remedies included three recommendations:
- informing the "governing board" and senior management of the Tribunal Judgments;
- engaging an HR Professional to review their policies and procedures;
- and having a programme of equality and diversity training cascaded through the organisation.
The appeal did not extend to the Employment Tribunal's rejection of a strong contender for "Cheekiest Legal Argument of the Year" from the employer, that in an age discrimination case "...being French was a mitigating factor..." (para. 10).