If you have a successful claim for discrimination in the employment tribunal you may be entitled to compensation for injury to feelings. Read on for more information about what injury to feelings means and what may be awarded.
Introduction
The Equality Act 2010 protects individuals within the field of employment, occupation and vocational training against discrimination in respect of the following characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation.
The Equality Act 2010 allows for an award of compensation to be made for any financial loss arising from the discrimination and for injury to feelings. There is however no obligation on an employment tribunal to award a sum for injury to feelings. Even if you have a successful claim, a tribunal might decline to make an award where there is only a matter of principle involved or where you did not in fact suffer any injury to your feelings.
What Is Injury To Feelings?
An award for injury to feelings is designed to compensate you for the hurt caused by knowing you have been treated in a way which breaches the Equality Act 2010.
The purpose of the award is compensatory not punitive so the amount of the award will not be affected by any desire to punish the employer or individual who discriminated against you.
The primary consideration in assessing an award for injury to feelings is the effect the conduct has had on you, not just whether it was a single act or a continuing course of conduct.
Certain events which happen after the discriminatory act(s), might increase the amount of an injury to feelings award if they occurred because of the discriminatory act, even if they did not involve any prohibited conduct in themselves.
How Much Could An Award For Injury To Feelings Be?
It can be difficult to put a value on injury to feelings. However, in the case of Vento, the Court of Appeal set out some bands for injury to feelings awards, according to the level of seriousness of the prohibited conduct. The bands are reviewed and, if necessary, updated each year. They are currently, with effect from 6 April 2024, as follows:
- A lower band of £1,200 to £11,700 (for less serious cases)
- A middle band of £11,700 to £35,200 (for cases that do not merit an award in the upper band), and
- An upper band of £35,200 to £58,700 (for the most serious cases), with the most exceptional cases capable of exceeding £58,700.
There is therefore no limit on the amount that a tribunal can award, but awards in excess of the upper band maximum are only made in the most exceptional cases.
As stated above, the primary consideration in assessing an award is the effect of the conduct on you. It follows therefore that a serious single act of discrimination could justify an award in the middle or upper band and equally, even if there has been a continuing course of conduct, this could be assessed as falling within the lower band.
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Compensation for injury to feelings discrimination and compensation discrimination and injury to feelings Injury to Feelings kathryn bolton Kathryn Bolton Employment Solicitor lincs law employment solicitors specialist employment solicitor