The Equality Act 2010 states that compensation for discrimination may include compensation for injured feelings.
In the case of Vento v Chief Constable of West Yorkshire Police (No 2) , the Court of Appeal established guidelines for the amount of compensation to be given for injured feelings, setting out three bands of potential awards (explained below). These Vento bands were applied in the employment tribunal.
Later, in Simmons v Castle , the Court of Appeal held that the level of general damages in certain types of claims should be increased by 10%. Since Simmons, there has been inconsistency in the employment tribunals over whether the 10% uplift should be applied to the calculation of injury to feelings awards in discrimination claims.
However, in the recent case of Olayemi v Athena Medical Centre and Anor , the EAT decided that the tribunal had correctly included a Simmons v Castle uplift. It concluded that the application of the 10% uplift on general damages applies to injury to feelings awards made in the employment tribunal.
The three bands of compensation awarded for injured feelings can be seen below:
Click here to view the table
The link to the transcript for Olayemi v Athena can be found here .