Pictured above: Simon Bond, head of employment at
Midlands law firm Challinors.
Employees making discrimination claims can now be awarded up to
£30,000 for injury to feelings in the most serious cases.
Simon Bond, head of employment at Midlands law firm Challinors
explains: "New guidelines have been established for Employment
Tribunals on setting levels of compensation for injury to feelings
in discrimination cases. Awards of compensation for unlawful
discrimination are uncapped but, depending on the circumstances of
each case, the element awarded for injury to feelings can now be as
high as £30,000, an increase of £5,000 from the
previous maximum of £25,000 for this top band for this type
of discrimination claim. On top of this, there may well be
compensation for loss of earnings and other employment related
benefits such as pensions.
"The lower band of award for injury to feelings, which is for
less serious cases involving perhaps a one-off incident, can now be
awarded up to £6,000, whereas previously this was
£5,000. The middle band, for more serious cases, has risen
from its upper limit of £15,000 to £18,000."
The case of Vento in 2002 set down the previous guidance for
Tribunals to use when valuing compensation for injury to feelings
in discrimination cases. "The Vento case resulted in the creation
of the three band system - lower, middle and highest," explains
Simon. "In the wake of the recent case of Da'Bell v NSPCC, the
bands have now been increased in line with inflation.
"The award sum is entirely at the discretion of the individual
Tribunals, and this remains the same. The Tribunal will make the
award for injury to feelings within the different bands according
to the circumstances of each case. For the most serious cases of
discrimination awards for injury to feelings could now be as high
as £30,000."