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New Judgment Revises Discrimination Compensation Guidelines

United Kingdom
06.10.09
1
Written by
Lewis Silkin, widely recognised as the UK’s leading specialist employment law practice.
Discussion of the judgment of the UK Employment Appeal Tribunal that has revised the judicial guidelines on compensation for injury to feelings in claims of unlawful discrimination and harassment

The judgment of the Employment Appeal Tribunal (EAT) in Da’Bell v National Society for the Prevention of Cruelty to Children on September 28 has revised the judicial guidelines on compensation for injury to feelings in claims of unlawful discrimination and harassment.  The EAT ruled that the previous guidelines established in 2002 by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police should be increased in line with inflation.

The new figures are:

  • Lower band (for the least serious cases, e.g. a one-off or isolated occurrence of discrimination): up to £6,000 (formerly £5,000)
  • Middle band (appropriate for the majority of injury to feelings awards): £6,000 to £18,000 (formerly £15,000)
  • Top band (for the most serious cases, e.g. a lengthy campaign of discriminatory harassment): £18,000 to £30,000 (formerly £25,000).

The transcript of Da’Bell v NSPCC is not yet available but will be published soon on the EAT website.  The above figures nonetheless have immediate effect and should be taken into account when preparing or responding to schedules of loss in discrimination cases.

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