Prohibited conduct claims: assessing compensation
Prohibited conduct claims: assessing compensation

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Prohibited conduct claims: assessing compensation
  • Possible types of compensation
  • Apportioning compensation between wrongdoers
  • Making individual awards
  • Joint and several liability
  • Contribution between respondents
  • Discounting compensation to reflect responsibility for loss
  • Adjustment of awards for failing to comply with the Acas Code of Practice
  • Indirect discrimination compensation
  • Discriminatory and unfair dismissals
  • More...

This Practice Note examines the assessment of damages in a prohibited conduct claim (discrimination claim) under the Equality Act 2010.

Possible types of compensation

An award of compensation may include various different elements, including:

  1. general financial loss (eg loss of earnings, benefits etc)

  2. injury to feelings

  3. damages for personal injury (where some form of injury arises which is caused by the discrimination)

  4. pension loss

  5. interest

  6. aggravated damages

  7. exemplary damages

General financial loss is considered in Practice Note: Prohibited conduct claims: general financial loss. Injury to feelings and damages for personal injury are considered in Practice Note: Prohibited conduct claims: injury to feelings and personal injury. Pension loss is considered in Practice Note: Calculating pension loss in employment tribunal claims. The remainder are discussed below.

Apportioning compensation between wrongdoers

One or more individual employees are often named as respondents as well as the employer, for example an employee who was discriminated against because their first line manager failed to award the employee a promotion will often join both their employer and the manager as respondents (see Practice Note: Liability of employers and employees under the Equality Act 2010—Liability of employees and agents). The tribunal can make awards against both the employer company and the manager where it finds that:

  1. the manager engaged in prohibited conduct, and

  2. the employer is vicariously liable for that action

When considering liability for discrimination by concurrent

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