10 per cent increase in tort damages may not apply to discrimination award (News, 26 February 2015)

Table of contents

• Impact of this case
• Relevant background law
• The facts and decision of the employment tribunal
• The judgment of the EAT

Article summary

Awards in discrimination cases for injury to feelings should be made by reference to the current value of money but the 10% increase in tort damages set out in the judgment in Simmons v Castle should not apply to the Vento bands because the rationale for the uplift explained by the Court of Appeal in Simmons v Castle does not apply to litigation in employment tribunals, according to the Honourable Mrs Justice Slade in a decision which conflicts with other EAT judgments. EAT: Chawla v Hewlett Packard.