New Compensation levels for injury to feelings

Unlike unfair dismissal or redundancy, for example, where a claimant may only recover compensation in respect of economic loss, a claimant in a discrimination case may be given an award for injury to feelings.

In a recent Employment Appeal Tribunal decision, Da'Bell v NSPCC, the previous guidelines on the  level of compensation for injury to feelings are changed, upwards, with what is immediate effect to the following:
  • lower band: £5,000 to increase to £6,000 (for cases of one off or low-level incidents of discrimination or harassment)
  • middle band: £15,000 to increase to £18,000 (for cases of more severe acts of discrimination or harassment, or for acts extending over a longer period of time)
  • upper band: £25,000 to increase to £30,000 (for cases where there is evidence of a sustained campaign of deliberate discrimination)
These really only serve to reflect the effect of inflation since the previous guidelines some six years ago. There is no change in the principles applicable