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Assessing awards for injury to feelings
...£6,000.00 Middle - £6,000.00 to £18,000.00; and Top - £18,000.00 to £30,000.00 The low band is designed to cover isolated or "one off" acts of discrimination. The top band is designed to cover serious cases, for example, those involving a lengthy campaign of discriminatory harassment. However, assessing whether a case should fall in one band rather than another is an art rather than a science and so, given the recent increase in the bands, we have decided to shine the spotlight on the principles the Tribunals should apply when assessing injury to feelings and some of the awards that they have made...
Case | 27 Nov 2009
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Compensation – duration and intensity when considering injury to feelings
... Tribunal discounted it by 75% having regard to factors, including the stress of litigation, which it regarded as unconnected with the union's conduct found by the Appeal Tribunal to have contributed to the stroke.The claimant appealed against the compensation award. The Court of Appeal held:(1) In assessing injury to feelings, what was important was their duration and intensity, and, properly construed, the general practitioner's notes indicated feelings of considerable intensity and duration, which for a long time was primarily the result of the unjustified discipline, and if the Appeal Tribunal had ...
Case | 23 Oct 2007
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Breach of Working Time Regulations doesn't entitle worker to compensation
... They concluded that the period of time started from when Mr Miles raised the initial grievance about his rights under the WTR. They also concluded that there was no 'culpable default' on the part of LCT. Mr Miles appealed to the Employment Appeal Tribunal (EAT).The decisionMr Miles argued that, in assessing his compensation as nil, the Tribunal had both incorrectly identified the period for which LCT was in default of the WTR and the test by which compensation should be awarded.The EAT disagreed and found that, with regards to the period of default, the claim arises when a worker seeks to exercise his...
Case | 19 May 2008
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Court Guidance on Assessment of Damages in Discrimination Cases
... awarded in the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment...This case falls within that band... "ii. The middle band of between £5,000 and £15,000 should be used for serious cases which do not merit an award in the highest band. "iii. Awards of between £500 and £5,000 are appropriate for less serious cases, such as where the act of discrimination is an isolated or one off occurrence. In general, awards of less than £500 are to be avoided altogether, as they risk being regarded as so low as not to be a proper recognition of injury t...
Case | 22 Dec 2002
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Career-long discrimination compensation award reduced
... its discretion as to whether to uplift any award of compensation, the maximum 50% uplift should be ‘very exceptional indeed’ and should only apply in ‘the most serious cases’ and should not be applied to any injury to feelings award (which are not available in unfair dismissal cases). In assessing the uplift, a Tribunal must take account of the size of the award being made, so as not to penalise an employer unduly. While the ability to pay is not relevant, the size and resources of the organisation will be, in considering the culpability of the employer. “Due to the subsequent abolition o...
Case | 13 May 2011
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Pregnant Workers: Don't Forget the Risk Assessment
... feelings in appropriate cases, for example, where they have been caused distress or worry. The Court of Appeal, just prior to New Year, issued new guidance on appropriate levels of compensation for injury to feelings in sex discrimination claims. This guidance indicated that the lowest level of awards, appropriate for a one-off act of discrimination, should be in the banding £500 to £5,000; anything lower than that fails to recognise the seriousness of the issue. The message is clear. Inform and train managers about the need to carry out risk assessments, and implement a system so that they...
Case | 14 Feb 2003
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What not to wear
© Workplace Law Group 2010 All rights reserved What not to wear: Dress codes at work What not to wear: Dress codes at work The recent case of Dansie v. The Commissioner of the Police for the Metropolis is a useful reminder to employers of the approach that Employment Tribunals take to the enforcement of dress codes in the workplace. In Dansie v. The Commissioner of the Police for the Metropolis, the Claimant, Mr Dansie, was a trainee police constable. Before he started his training...
News analysis | 9 Feb 2010
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The world in your hands?
...ing at a place of work would be prohibitively expensive? But what about customer / client parking? Business are unlikely to want to pass on these costs to customers or clients. If a Local Authority is considering a Levy, employers ought to consider inputting into the consultation process as well as assessing what the potential financial liability will be by considering how many liable spaces they have, and how they are going to recover the cost. This will involve ascertaining who will want to continue to use the liable spaces once the Levy is introduced. 11 Employment update | News health and safet...
Magazine issue | 8 Jan 2010
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Changes to Workplace Law Magazine
...forceable by Government, enabling citizens to assert their employment rights if they are not being treated fairly. 21464 OCTObER 2009 Work and families (Increase of Maximum Amount) Order 2009 comes into force Under the Order, Employment Tribunals can increase the maximum weekly amount to calculate awards such as unfair dismissal and redundancy payments, and payments made by the Secretary of State out of the National Insurance Fund on an employer's insolvency, from £350 to £380 per week. 19847 OCTObER 2009 1 October 2009 is a common commencement date: all of the following come into effect on 1 Oc...
Magazine issue | 1 Sep 2009
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Reality bites: managing in a recession
workplacelaw The exclusive magazine for premium members of the Workplace Law Network Reality bites Taking care of business in a tough economic climate: special report Managing in a Recession NOVEMBER 2008 Issue 42 Man of steeles: Employment lawyer Oliver Brabbins. Page 24 Risky ventures Assessing the dangers of travel abroad. Page 22 Better with age? Redundancy How to cut your workforce and keep on the right side of the law. Page 12 Reducing your overheads: Considering the alternatives to redundancy. Page 28 Plus: Legal calendar | Case reports Challenge | Clinic | Legal Update and more ...
Magazine issue | 6 Nov 2008
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Perk of the job? Managing the risks faced by loneworkers
...ed in 1986 after she went to meet an unknown client, and has never been found (p. 14). We investigate the lessons that can be learned from this case and carry out some important research into implementing systems of communication with loneworkers (p. 10). There is also guidance on identifying, risk assessing and managing the employment relationship with loneworkers from p. 28. Finally, I'd like to thank members for their warm wishes following our award win (PPA Business Website of the Year) last month. The award follows an investment of more than £80,000 in building up the online resource, so we're de...
Magazine issue | 5 Jun 2008
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Royal Mail Fined £15K after Giving Male Clothing to Pregnant Employee
... with proper maternity clothing, and was sent men's trousers which were very large and "an insult to a woman". Furthermore, Miss Webb had been ordered to unload a metal container and was told to make deliveries in weather conditions which were icy and snowing. The award of sex discrimination was for loss of earnings, injury to feelings and aggravated damages. More Information The Maternity Policy and Management Guide, version 1.0 (£34.99, ISBN 1-900648-46-6) and Paternity Policy and Management Guide, version 1.0 (£34.99, ISBN 1-900648-66-0), written by Magrath & Co solicitors, are avai...
Case | 2 Jul 2003
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Grinding to a halt: Why Government policy risks bringing business to a standstill
workplacelaw place ace c The exclusive magazine for premium members of the Workplace Law Network Grinding to a halt? Why Government policy risks bringing business to a standstill inside this issue JAN/FEB 2011 Issue 58 Comment: This magazine's first cover star reviews the new Equality Act. Page 45 Clinic: Useful advice on coping with weather rel...
Magazine issue | 4 Jan 2011
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Sweeping changes
workplacelaw rkpla rkplac The exclusive magazine for premium members of the Workplace Law Network Sweeping changes How the Coalition Government intends to tidy up workplace legislation inside this issue JUL/AUG 2010 Issue 55 Comment: Implications of the BA industrial dispute Page 15 new Government: What now for HR immigration law? Page 34 Enviro...
Magazine issue | 1 Jul 2010
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Open for Business
...ic energy more! much Fire risk y and Securit ion protect data ment manage ty and safe Health e corporat Includes ghter, tower manslaunew asbestos cranes, and much guidance more! sh new Briti Includes s on CCTV Standard and safe systems ruction. data dest Building Includes ons Part B, Regulati Assessing BS 9999 Escape and of Means more! much ng networki Great s, ask ate HR upd P king ce Par Workpla on Levy t news lates Includes schemes for charging e parking. workplac changes Includes under the expected ality Bill. new Equ ague Meet colle, and discuss questionses your issu 81 777 88 tes ber...
Magazine issue | 4 May 2010
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Cultivating success: how to cut costs and stimulate growth
workplacelaw The exclusive magazine for premium members of the Workplace Law Network Cultivating suCCess 9 ways to cut costs legally and stimulate growth in your organisation Forum focus Health and safety gone nuts! Workplace Law members on BBC's Panorama programme: is now the time to stand up and be counted? Page 19 COST-CUTTING...
Magazine issue | 1 Jun 2009
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48: How the 48-hour working week could push employers to the max
...he exclusive magazine for premium members of the Workplace Law Network How the 48 hour working week could push employers to the max WORKING TIME SPECIAL FEBRUARY 2009 Issue 44 Interview: Gary Titley, Leader of Labour's MEPs, on the Working Time Directive. Page 20 Navigating the Globe Fire risk assessing the only thatched building in London. Page 22 Keeping in touch Case law: Long term sick staff entitled to full holiday leave. Page 10 Burden of proof Should you pay staff to be on call? Page 9 Plus: Legal calendar | Comment Book review | The data | Clinic Partner profile and more ... Establish...
Magazine issue | 5 Feb 2009
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Facefacts: The real cost of social networking to your business
workplacelaw The exclusive magazine for premium members of the Workplace Law Network Social networking, Facebook, eBay ... The real cost to your business, and what you can do about it :-) INSIDE THIS ISSUE OCTOBER 2007 Issue 31 NEW this month: The data Five pages of key statistics and information, now in every issue Interview: Michell...
Magazine issue | 16 Oct 2007
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Adjustments were not enough
Under the Disability Discrimination Act 1995 (DDA) it is unlawful for a qualifications body to discriminate against a disabled person in the arrangements it makes for determining on whom to confer a professional or trade qualification. Such bodies are also required to make "reasonable adjustments" in order to prevent disabled people being placed under a disadvantage....
Case | 31 May 2007
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Spy wins sexual discrimination case
A woman Special Forces spy has been awarded £12,000 after winning part of her Employment Tribunal claim against the Army. Corporal Leah Mates told a tribunal she was left feeling suicidal because of the treatment she received from her superiors and by the "anti-female prejudice that permeates the whole Army". Th...
Case | 5 Apr 2006
