For the first time in a very long time the compensation awards for injury to feelings, the measure of damages in discrimination claims, have been raided. They are effective for all claims issued after 11 September 2017 but it is arguable that anyone pleading a case in the tribunal issued recently may also be able to rely on the new bands.
The Court of Appeal previously held in De Souze v Vinci that tribunals must increase the bands to keep pace with inflation. This followed the Court of Appeal’s decision in Simmons v Castle.
The new bands are:
- lower: £800 to £8,400 for less serious cases (up from £600 to £6,000);
- middle: £8,401 to £25,200; and
- upper: £25,200 to £42,000. The upper limit of the upper band was previously £36,000. A substantial increase.
- note to employers: exceptional cases can exceed the £42,000 limit!
By Karen Jackson