Updating author: Tina McKevitt

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Non-compensatory awards
Compensation for financial loss
Net losses
Injury to feelings
Aggravated damages
Exemplary damages
Personal injury claims
Increase or decrease in compensation
Indirect discrimination
Interest on awards
Equal pay claims

Summary

6.109

• Employment tribunals have the power to make a declaration or recommendation. These are relatively rarely encountered in comparison to the normal remedy of compensation. (See 6.111 Non-compensatory awards)
• Compensation will involve the calculation of loss of earnings and fringe benefits both past and future. (See 6.112 Compensation for financial loss)
• Awards for injury to feelings are usually awarded in discrimination cases, but not equal pay cases, and will normally fall within the range £500 to £25,000. (See 6.114 Injury to feelings)
• The amount of an injury to feelings award may be increased if the employer has acted in a particularly malicious manner. (See 6.115 Aggravated damages)
• It is arguable that exemplary damages, designed to punish the wrongdoer rather than compensate the claimant, may be available in some discrimination cases. (See 6.116 Exemplary damages)
• Employment tribunals have power to award compensation for personal injury that is a consequence of the act of discrimination. (See 6.117 Personal injury claims)
• The statutory dispute resolution procedures were abolished on 6 April 2009, and a revised "Acas code of practice on disciplinary and grievance procedures" was introduced. An employment tribunal may increase or decrease awards of compensation by up to 25% in the event of an unreasonable failure to comply with the code in relevant cases. (See 6.118 Increase or decrease in compensation)
• Interest on awards in discrimination cases is dealt with by statute more favourably than in other types of employment actions. (See 6.120 Interest on awards)
• Compensation in equal pay cases is different from that in other discrimination cases. (See 6.121 Equal pay claims)

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Future developments

6.110 Equality Bill: Existing discrimination legislation is to be consolidated into a single Equality Act in order to provide a simpler, more consistent legal framework for preventing discrimination.