Source: XpertHR quick reference Date: 01-10-2010 Publisher: XpertHR

Compensation - injury to feelings

TOPICS:
equal opportunities tribunal procedures and penalties


Under the Equality Act 2010, compensation for injury to feelings may be awarded in discrimination cases. In Vento v Chief Constable of West Yorkshire Police (No.2) [2003] IRLR 102 CA (decided under the repealed Sex Discrimination Act 1975) the Court of Appeal set out three bands of compensation for injury to feelings, depending on the seriousness of the case. In Da'Bell v NSPCC [2010] IRLR 19 EAT (decided under the repealed Disability Discrimination Act 1995) the Employment Appeal Tribunal set out the up-to-date values of the three bands:

Band Gravity of injury to feelings Recommended compensation
Top band The most serious cases, for example where there has been a lengthy campaign of discriminatory harassment £18,000 to £30,0001
Middle band Serious cases that do not merit an award in the top band £6,000 to £18,000
Lower band Less serious cases, for example a single occurrence of discrimination £5002 to £6,000

1In exceptional cases, the award may exceed £30,000. 
2In Vento v Chief Constable of West Yorkshire Police (No.2) the Court of Appeal said that awards of less than £500 should be avoided as they risk not being a proper recognition of injury to feelings. 

Band Gravity of injury to feelings Recommended compensation
Top band The most serious cases, for example where there has been a lengthy campaign of discriminatory harassment £18,000 to £30,0001
Middle band Serious cases that do not merit an award in the top band £6,000 to £18,000
Lower band Less serious cases, for example a single occurrence of discrimination £5002 to £6,000

1In exceptional cases, the award may exceed £30,000. 

2In Vento v Chief Constable of West Yorkshire Police (No.2) the Court of Appeal said that awards of less than £500 should be avoided as they risk not being a proper recognition of injury to feelings. 

Related quick reference items

Compensation - collective rights
Compensation - detrimental treatment
Compensation - discipline and grievance hearings
Compensation - discrimination and equal pay
Compensation - dismissal
Compensation - fixed-term employees
Compensation - flexible working
Compensation - part-time workers
Compensation - pay and statutory payments
Compensation - suspension from work
Compensation - time off work

To read the rest of this article you must login

Existing users login here Existing Users

Other access problems
Email help desk or call: 0845 671 1110

Request a Demo Learn More about XpertHR

To view the full article request a demo today

XpertHR is the leading online resource for employment law, HR good practice and benchmarking.

Let us show you how your organisation could save time and money with XpertHR.









This Item: