Ministry of Defence v Fletcher

The EAT overturned an award of exemplary damages of £50,000 that had been made against the respondent MoD in the Employment Tribunal in response to what it had found was a systemic failure of mechanisms for redress.  The EAT held that the Tribunal had erred in concluding that the high threshold warranting an award of exemplary damages had been met, when there had been no finding of wrongdoing which was “conscious and contumelious”.  The principle that an award of aggravated damages could be made in respect of the way in which proceedings have been conducted was upheld. 

Monica Carss-Frisk QC of Blackstone Chambers appeared for the MoD, together with Ashley Serr.