In what circumstances can a claimant receive additional compensation in the event of a successful discrimination case?
Compensation for injury to feelings may 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 they have 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 in a relevant case, the employment tribunal may increase compensation by up to 25%.