Compensation to Increase in Employment Discrimination Cases

02 October 2017

In July, the Court of Appeal ruled that in the case of De Souza v Vinci Construction (UK) Limited, compensation for injury to feelings and personal injury in discrimination at work cases should be increased by 10%.

This decision was in accordance with a previous Court of Appeal case, called Simmons v Castle 2012 EWCA Civ 1039. The ruling in the case prompted the Presidents of the Employment Tribunals in England and Wales and Scotland to launch a consultation, in which they considered whether the bands of compensation available in discrimination cases for injury to feelings should be increased.

The responses to the consultation have now been received and a decision has been made to increase the current compensation for injury to feelings to the following bands:

  • Lower band should be increased to £800 - £8,400
  • Middle band should be increased to £8,400 - £25,200
  • Upper band should be increased to £25,200 - £42,000
  • Exceptional cases should exceed £42,000

The new bands will be set out in formal Presidential Guidance and will only apply to Employment Tribunal claims made on or after 11 September 2017.

For claims lodged before 11 September 2017, the Employment Tribunals will have discretion to adjust the bands of compensation to reflect forthcoming changes. The Presidential Guidance will set out the method of doing so.

Read the full response to the Judicial Consultation.

Discrimination at Work Claims

According to the law in England and Wales, you should not be treated unfairly in the workplace because of who you are. There are certain ‘protected characteristics’, and if you’re untreated unfairly because of one of these, you may have been the victim of discrimination.

The protected characteristics are:

  • Age
  • Religion or belief
  • Disability
  • Gender reassignment
  • Pregnancy and maternity
  • Race
  • Sex
  • Sexual orientation.

Discrimination at work can take different forms. You might be treated less favourably because of who you are. This is called direct discrimination. Or a policy might be put in place that puts you at a disadvantage. This is called indirect discrimination. Or you might be subject to harassment or victimisation.

Whatever the circumstances, if you believe you have been untreated unfairly in the workplace because of one of the protected characteristics above, you could be legally entitled to claim compensation for discrimination at work.

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