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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
If an employment tribunal finds in favour of an aggrieved employee, can it make a non-compensatory award in a discrimination case?
What new powers does the Equality Act 2010 confer on employment tribunals?
How is compensation for financial loss calculated by an employment tribunal in a discrimination case?
Can a claimant claim for "injury to feelings" when making a complaint of discrimination to an employment tribunal?
Compensation for injury to feelings may also include "aggravated damages" where there has been a particularly serious case of discrimination in which the employer has acted in a high-handed, malicious, insulting or oppressive manner. A claimant may also be awarded additional damages if he or she has suffered any serious health problem as a direct result of discriminatory action. It is arguable that exemplary damages may be awarded in some cases. If a recommendation is made and not complied with, without reasonable justification, additional compensation can be awarded.
If there has been an unreasonable failure by the employer to follow the Acas Code of Practice on Disciplinary and Grievance Procedures (PDF format, 1.58MB) (on the Acas website) in a relevant case, the employment tribunal may increase compensation by up to 25%.
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