There is no limit to the amount of compensation that can be awarded in a discrimination claim. Generally, much of the compensation awarded is for loss of earnings (past and future) and other benefits.  

It is important to remember that the discrimination legislation also provides for a separate award for injury to feelings. In fact, a claimant can receive an award for this even though they may not have suffered any financial loss at all. In 2002, the Court of Appeal, in Vento v Chief Constable of West Yorkshire established guidelines for assessing awards for injuries to feelings and identified three bands of awards. In September 2009, in Da’ Bell v NSPCC the Vento guidelines were increased to take account of inflation as follows:

• Lower band for less serious cases such as a one-off incident or an isolated event - £600 to £6,000
• Middle band for serious cases which do not merit an award in the top band - £6,000 to £18,000
• Higher band for the most serious cases such as where there has been a lengthy campaign of harassment - £18,000 to £30,000 (but awards can exceed this amount in exceptional cases)

The onus is on the individual to show the extent to which their feelings have been injured and in assessing the level of the award the Employment Tribunal will take a number of factors into account. These include the vulnerability of the individual, the hurt and distress caused and who was responsible for the discrimination. An analysis of awards for 2008 shows that the majority of awards for injury to feelings (58%) fell within the lower Vento band. Although only a small number fell within the higher band, the sums awarded were often very high. For example, awards for injury to feelings of £48,700 and £30,000 were made in two sexual harassment cases and a £25,000 award made in a sexual orientation discrimination claim.

Employment newsletter - Winter 2009