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Discrimination remedies and penalties

Updating author: Tina McKevitt

Summary

  • Employment tribunals have the power to make a declaration or recommendation. (See Non-compensatory awards)
  • Compensation will involve the calculation of loss of earnings and fringe benefits both past and future. (See Compensation for financial loss)
  • Awards for injury to feelings are usually made in discrimination cases, but not equal pay cases. (See Injury to feelings)
  • Exemplary damages may be available in some discrimination cases. (See Exemplary damages)
  • Employment tribunals have power to award compensation for personal injury that is a consequence of the act of discrimination. (See Personal injury claims)
  • Employment tribunals may increase or decrease awards of compensation in the event of an unreasonable failure to comply with the "Acas code of practice on disciplinary and grievance procedures" in relevant cases. (See Increase or decrease in compensation)
  • In cases of unintentional indirect discrimination, employment tribunals must not make an award of compensation before considering whether or not to make a declaration or recommendation. (See Indirect discrimination)
  • Interest on awards in discrimination cases is dealt with by statute more favourably than in other types of employment actions. (See Interest on awards)
  • Compensation in equal pay cases is different from that in other discrimination cases. (See Equal pay claims)
  • Employment tribunals have the power to order an employer that has breached a worker's rights to pay a financial penalty. (See Financial penalties for employers)
  • Financial penalties can be imposed on employers that fail to pay a financial award ordered by an employment tribunal or a settlement sum. (See Non-payment of employment tribunal awards - financial penalties)
  • Where a tribunal finds that there has been an equal pay breach, it must usually order the respondent to carry out an equal pay audit. (See Equal pay audits)