The following Employment practice note provides comprehensive and up to date legal information covering:
Damages for injury to feelings are expressly allowed by the Equality Act 2010 (EqA 2010). Some award for injury to feelings will almost always be made in successful claims. However, there is no obligation to make an award, and it is perfectly appropriate for a tribunal to decide not to make an award under this head where only a matter of principle is involved, or where there is a 'technical' prohibited conduct but the 'victim' did not in fact suffer any injury to their feelings.
Once a decision is made to award compensation for injury to feelings, the general principles set out below should be borne in mind.
Awards for injury to feelings are designed to compensate victims for the hurt caused by knowing that they have been treated in a way that contravenes the EqA 2010. A finding that an employee would anyway have been dismissed a few months later for reasons that did not amount to prohibited conduct would not affect the hurt caused by the actual prohibited conduct or, therefore, the amount awarded for injury to feelings.
The level of an award for injury to feelings should not be affected by a desire to punish the discriminator.
An award should not be used as a means of deterring employers from particular courses
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