Compensation in discrimination cases can cover non-financial loss which in most cases will include an injury to feelings award. The Court of Appeal case of Vento v Chief Constable of West Yorkshire Police set out clear guidelines in 2002 for the amount of compensation to be given for such awards of injury to feelings. These figures are regularly updated for inflation by Presidential guidance.
In March 2023, the Presidents of the Employment Tribunals in England and Wales and Scotland released updated figures for the amount of compensation to be given for injury to feelings.
New bands are as follows in respect of claims presented on or after 6 April 2023:
- Lower band – £1,100 to £11,200 – for less serious cases
- Middle band – £11,200 to £33,700 – for cases that do not merit an award in the upper band
- Upper band – £33,700 to £56,200 – for the most serious cases
- Exceptional cases can exceed £56,200
An injury to feelings award is only part of the compensation that could be awarded in a successful discrimination claim. Compensation for discrimination claims is uncapped so if a successful claim is brought against an employer, the financial pay out can be very significant.
An employer may be able to avoid liability if it can show that it took all reasonable steps to prevent its employee committing a particular discriminatory act or committing that type of discriminatory act. For advice on what employers could do now to help avoid such liability then please do contact us.
If you receive a complaint regarding alleged discrimination, then do take legal advice as soon as possible.