Murray v Ministry of Defence Ministry of Defence (Discrimination - Religious Belief/ Political opinion)

Factual and Procedural Background

The Plaintiff brought claims of religious and sexual discrimination against the Defendant. Both parties agreed on the Defendant's liability for these claims. They agreed on a loss of earnings figure for the period from 9 August 2019 to 16 January 2021, subject to mitigation. The parties also agreed to calculate actuarial loss but disagreed on several aspects related to compensation calculations. The tribunal held hearings in December 2020 and March 2021 and issued this judgment with reasons to follow separately.

Legal Issues Presented

1. The impact of mitigation on the compensation for loss of earnings.
2. The appropriate amount of injury to feelings compensation.
3. The appropriate amount of psychiatric injury compensation.
4. Whether pension benefits to age 67 should be included or excluded in the compensation calculation.
5. The correct withdrawal factor to apply.
6. The appropriate discount rate for actuarial calculations.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The tribunal analyzed the disputed issues as follows:

• It found that the Plaintiff did not fail to mitigate her loss; therefore, no reduction in loss of earnings compensation was warranted on that basis.
• The tribunal awarded £20,000 for injury to feelings compensation.
• It awarded £20,000 for psychiatric injury compensation.
• The tribunal determined that pension benefits to age 67 should not be deducted from the compensation awarded.
• The withdrawal rate was set at 20%.
• The discount rate was fixed at -1.75% for actuarial calculations.

Interest calculations were made pursuant to Article 7 of the Fair Employment Tribunal (Remedies) Order (Northern Ireland) 1995, applying an 8% per annum rate over specified periods, resulting in total interest of £13,786.23.

Holding and Implications

The tribunal AWARDED compensation as follows:

• Loss of earnings: £16,420.97, without reduction for mitigation.
• Injury to feelings: £20,000.
• Psychiatric injury: £20,000.
• Actuarial loss to be agreed between parties or determined at a further remedy hearing.
• Total interest payable on these sums calculated at £13,786.23.

The decision directly resolves the compensation amounts due to the Plaintiff and sets parameters for actuarial loss calculation. No new precedent was established by this ruling.