If someone succeeds in a discrimination claim, they will normally be entitled to compensation for injury to feelings. This is intended to compensate the individual for the distress and upset caused by the discriminatory behaviour.
It can be quite difficult to assess the level of compensation that should be awarded for distress and upset. In the case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR 102, the English Court of Appeal provided guidance to employment tribunals on the level of compensation to be given for injury to feelings. It also provided three bands of potential awards. These bands are updated annually. These figures change for any claim brought on or after 6 April 2023. The new figures are:
- Lower band: £1,100 to £11,200 (for less serious cases).
- Middle band: £11,2000 to £33,7000 (for cases which do not merit an award in the upper band.)
- Upper band: £33,600 to £56,200 (for the most serious cases.)
For the most exceptional cases, amount in excess of £56,200 can be awarded.
If you have any questions on this or any other employment law issue, please contact us on 0141 221 4488 or visit our homepage.
24 April 2023
Giles Woolfson
