The Employment Appeal Tribunal, in Santos Gomes v Higher Level Care Ltd, considered if the employer should pay compensation for injury to feelings to an employee for denying her 20-minute rest breaks.
The Employment Appeal Tribunal has considered if a tribunal can award compensation to an employee for injury to feelings where the employer fails to provide 20-minute rest breaks in breach of the Working Time Regulations 1998.
Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
Definition from the XpertHR glossary.
In Cadogan Hotel Partners Ltd v Ozog EAT/0001/14, the EAT held that an employment tribunal had erred in awarding a claimant £10,000 for injury to feelings in a discrimination claim. The tribunal had incorrectly focused on the way in which the employer had dealt with the employee's complaint, which had not been the subject of the complaint, and had not been found to be an act of discrimination. The correct focus on the injury suffered by the claimant would have led to an award of £6,600.
In Chawla v Hewlett Packard Ltd  IRLR 356 EAT, the EAT held that the 10% uplift on general damages in civil claims laid down by the Court of Appeal does not apply to compensation for injury to feelings caused by discrimination.
The Employment Appeal Tribunal has contradicted its previous decisions by saying that the 10% uplift on general damages in civil claims ordered by the Court of Appeal does not apply to compensation for injury to feelings caused by discrimination.
The Employment Appeal Tribunal (EAT) has held that the bands of compensation for injury to feelings caused by unlawful discrimination should be uplifted by 10%. The EAT also held that an employee must make a complaint in writing to trigger a formal grievance procedure.
In St Andrews Catholic Primary School and others v Blundell EAT/0330/09, the EAT held that the appropriate award of compensation for injury to a victimised employee's feelings was £14,000, not £22,000, reflecting that it was a serious case falling within the middle Vento band. The tribunal's award of £5,000 in aggravated damages was, however, appropriate.
HR and legal information and guidance relating to awards for injury to feelings.