The Value of a Discrimination Claim: An Increase in the Awards
Previously, the Court of Appeal set out guidance for calculating awards given to parties who have suffered an act or multiple acts of discrimination - this award is known as an injury to feelings award. The scale to establish what a person can be awarded has been guided by the leading case Vento v Chief Constable of West Yorkshire Police since 2002. These are known as the Vento guidelines.
Injury to feelings awards as classified as one of three bands; the bottom, middle or top. The bottom band is for less serious cases such as one off or isolated incidents, the middle looks at more serious issues or issues of a persistent nature and the top is reserved for the more serious cases of discrimination. Unfortunately, there is no set precedent to denote which band the conduct complaint should fall into as each case is tested upon its own facts and the individuals own suffering.
As of 6th April 2024, the Vento guidelines parameters are now:
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for less serious cases, a lower band of £1,200 to £11,700;
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for cases that do not merit an award in the upper band, a middle band of £11,700 to £35,200; and
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for the most serious cases, an upper band of £35,200 to £58,700.
In the most exceptional cases, an award that exceeds £58,700 could be made.
Ashley Hunt, a Director in Lawson-West’s Employment Department, comments:
“It is positive to see a continued commitment to reviewing the parameters of compensation in injury to feelings awards. However, some would argue that it is still relatively low given the discriminatory situations some individuals have experienced.
From the perspective of an employer, it is also something to be mindful of as these increases in compensation awards could cause significant detriment to smaller companies therefore it is important to remain aware of all of your legal requirements.”
How can we help?
Lawson-West offer a wide range of funding options including no win no fee agreements, so that you can choose the best arrangement that you can afford. Please contact a member of our expert Employment team on 0116 212 1000 / 01858 445 480 for more advice or to book an appointment.
To find out about Discrimination compensation awards please click here
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