The cost of discrimination

 

Ms Sturdy, was a senior NHS manager who missed promotion to  run a breast screening services. With 38 years previous experience in running a screening service she was in pole position. A colleague with 13 years her junior got the job. When Ms Sturdy had told a manager that she was three years from retiring at  age 60, he supposedly replied “I didn’t realise you were so old. At the Tribunal, managers could not satisfactorily explain why they did not Ms Sturdy and it was decided that Ms Sturdy had been discriminated against on the basis of her age.
 
She was awarded:

£33.5k for injury to feelings, (the highest known  injury to feelings to date).

£5.7k in aggravated damages.                                                               

£147k in compensation to cover lost salary and pension rights

Interest and an uplift of 25% for not following statutory grievance procedure

 

She was also awarded aggravated damages because it was suggested  that her case was one of “sour grapes” and that she was blaming others for her failure; and that  she performed so poorly in interview that her ability to do the job, that she had successfully done for many years, was put in question.

Compensation for discrimination does not have a maximum and can include an element of non-economic loss. So, in appropriate cases a claimant can recover compensation for injury to feelingsandpersonal injury (for example psychiatric injury) caused by the discrimination. 
 
In rare cases claimants can also receive aggravated damages for the way in which the respondent has behaved: as in this case. for example, if they have acted in a malicious, insulting or oppressive manner towards the claimant. 
 

Employers need to ensure that their practices and procedures are proof against these claims which, as Ms Sturdy’s case shows, can be very high value. Employers should consider if an equal opportunities policy exists, whether it is clearly and readily accessible and reviewed and updated, whether grievances or complaints that are raised are dealt with creatively; whether managers are fully trained in equal opportunities and understand how a casual remark like that to Ms Sturdy can be damaging,

Remember, too, that an employee raising a grievance must not be treated less favourably because of the complaint as that could lead to allegations of victimisation. If a complaint is badly managed it may increase a compensation award or lead to a claim of victimisation. 

 

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