Injury to Feelings
An injury to feelings award is intended to compensate a claimant for the hurt and distress they have suffered as a consequence of their employer's discriminatory action against them.
The employment tribunal needs to assess whether the claimant's feelings were injured and attribute a financial value to that injury. The tribunal will take various factors into account when coming to their decision including:
- the degree of distress caused to the claimant
- the seriousness of what happened
- and how a respondent has dealt with any related grievance brought by the claimant.
Attributing a financial value in these circumstances is understandably difficult.
From April this year the tribunal guidance on awards for injury to feelings in discrimination cases is:
- A lower band of £1,200 to £11,700
- A middle band of £11,700 to £35,200
- An upper band of £35,200 to £58,700
This sum is awarded as a ‘penalty’ against the employer and is in addition to any actual loss of earnings the employee is claiming.
I conducted a preliminary hearing for a client in August this year and the Employment Judge explained these figures to a Claimant. He said that, if she won, she could expect to receive an award in the upper band.
Her expectations immediately jumped from a settlement figure we had been discussing with ACAS of around £10,000 to £30,000 plus her loss of income. Her schedule of loss jumped from £15,000 to almost £50,000.
We have now settled the claim for just less than £10,000. However, this is a sombre reminder of the risks you face with litigation. 
Would you like to promote an article ?
Post articles and opinions on San Diego Professionals
to attract new clients and referrals. Feature in newsletters.
Join for free today and upload your articles for new contacts to read and enquire further.