Injury to feelings awards

This page contains summaries of injury to feelings awards made by Employment Tribunals in discrimination cases. These awards will not be binding on other tribunals and are intended only as a guide to assessing compensation. Some of these cases are a few years old and would need to be increased to account for inflation.

 

Most injury to feelings awards made by Employment Tribunals are at a level of £3,000 to £6,000 (i.e. within the lowest band of the Vento scale) depending on the case.

 

More information on the Vento scale for injury to feelings awards

Parker v Chancery Ltd

Bedford Employment Tribunal

Case No 1201764/07

2 December 2008

IDS Diversity at Work October 2009, p18

 

Sex discrimination – victimisation – P was a trainee accountant who believed she was paid less than a male trainee – she raised the issue with a partner who told her raising a grievance would make her position difficult and it would be better for her to leave – P later resigned – ET upheld her claim of victimisation by the partner who was treating her less favourably because of her complaint.

 

Injury to feelings £3,000.

McIntosh v ESL (Reading) Ltd

London South Employment Tribunal

ET Case No 2700388/08

1 October 2008

IDS Diversity at Work September 2009, p21

 

Age discrimination – direct discrimination – M aged 24 was a driver – M much younger than other drivers aged 35 and over – required to work late at night and when other drivers didn’t want to work – required to become self employed when other drivers not – refused and dismissed for ‘under-achievement’ – employer failed to respond to questionnaire – ET held M treated less favourably on ground of age.

 

Injury to feelings £3,000

Bibi v Scott

Birmingham Employment Tribunal

Case No 1301516

17 December 2008

IDS Diversity at Work November 2009, p22

 

Race discrimination – direct discrimination – harassment – B who is of Pakistani origin was employed as a personal carer by S for two months – S referred to all Asians as ‘paki’ and a number of black people as ‘black bastards’ – in a dispute over wages S grabbed her and called B a ‘fucking paki’ – B did not return to her employment – ET upheld B’s claims on the basis that the last incident was the one which caused B most offence.

 

Injury to feelings £4,000

Craddock v Fontoura

Bristol Employment Tribunal - 11 May 2010

[2010] Equality Law Reports 253

Link to case: http://tinyurl.com/1110craddock1

 

Sexual harassment - C sales manager - from February 2009 F, who owned the company, continually made comments encouraging C to begin relationships and to sexualise Cs friendships with female employees - C objected but F continued - caused C to avoid female colleagues - F resigned in June 2009 partly because of F's conduct and partly over a disagreement on pay.

 

Injury to feelings £4,500 - real and tangible upset caused to C - harassment continued for 3 months causing considerable disquiet to C during that period.

Pullen v Mortgage Solutions Swansea Ltd

Cardiff Employment Tribunal

Case No 1604717/08

22 January 2009

IDS Diversity at Work December 2009, p20

 

Pregnancy discrimination – P worked as a PA – she confidentially told her employer she was pregnant – other workers were told in breach of confidentiality – employer made it difficult to attend medical appointments – absent for 2 days with pregnancy related illness – employer texted her to say she was dismissed because of personality clashes – reinstated after union intervention – made redundant three weeks later – ET held reasons for dismissal fabricated on both occasions and employers behaviour ‘disgraceful’.

 

Injury to feelings £5,000

Wilson v Provincial Care Services Agency

Belfast Industrial Tribunal - 7 February 2011

[2011] Equality Law Reports 318

Link to case: http://tinyurl.com/wilson1103

 

Sex discrimination - pregnancy - direct discrimination - W employed as care worker - after return from maternity leave her childcare arrangements broke down - sought to work evenings but start time imposed was impossible for w to do - told manger she would have to resign - manager's response was "This is what happens when you have babies" - W forced to resign - sought other work but failure to provide references meant unsucessful - W spoke to ex-manager who said "she was a big girl who wanted a baby and did not want to work" - failure to provide the reference was less favourable treatment.

 

Injury to feelings £6,000

 

Aggravated damages £3,500 - employers evidence referred to a police check 20 years old to try and discredit and humiliate W

Davies v Remploy Ltd

Manchester Employment Tribunal - 8 September 2010

[2010] Equality Law Reports 256

Link to case: http://tinyurl.com/1110davies1

 

Disability discrimination - harassment - D is a wheelchair user and union official who visited several of the employers workplaces - one manager he visited referred to him as "Ironside" a number of times.

 

Injury to feelings £6,000 - repeated use of harassing language

Crisp v Iceland Foods

Birmingham Employment Tribunal - 8 May 2012

[2012] Equality Law Reports 618

Link to case: http://tinyurl.com/crisp1206

 

Disability discrimination - direct discrimination - harassment - failure to make resonable adjustment - supermarket cashier suffered from depression and panic attacks - sickness absence due to mental health - discipinary proceedings and dismissal conducted in absence of C - C's husband not allowed to attend appeal - derogatory conversation between managers accidently left on C's answerphone.

 

Injury to feelings £7,000 - Managers conversation ridiculed C - no defence that it was not expecetd to be heard by C - not allowing husband to appeal was a failure to make reasonable adjustment.

Konopelko-Bilecka v Photcopiers Direct Ltd

Watford Employment Tribunal

Case no. 3300478/11

12 December 2012

Equal Opportunities Review June 2013, page 19

 

Pregnancy discrimination - K-B was a maternity leave replacement - became pregnant - dismissed - employer made up allegations of misconduct.

 

Injury to feelings - £7,000

 

Aggravated damages - £4,000 - denied appeal against dismissal - false allegations of misconduct made and persisited with and false documents created

Austin v Samuel Grant (North East) Ltd

Newcastle Employment Tribunal - 29 March 2012

[2012] Equality Law Reports 617

Link to case: http://tinyurl.com/austin1206

 

Sexual orientation discrimination - religion or belief discrimination - harassment - victimisation - A employed September 2010 to April 2011 - continuously subject to derogatory comments about his perceived sexual orientation - colleagues also discussed Jehovah's Witnesses beief's in unwanted way - A raised grievance about work environment and was then dismissed for poor performance.

 

Injury to feelings £10,000

Rondeau v G4S Security Services (UK)

Reading Employment Tribunal

Case No 2700843/07

17 February 2007

IDS Diversity at Work December 2009, page 21

 

Sexual orientation discrimination – harassment – direct discrimination – R is gay – worked as a security guard – suspended after allegations of sexual harassment made by C a female colleague – R complained of harassment – investigation did not interview supporting witnesses – grievance against R not proceeded with – R’s grievance also dismissed – R not advised of return from suspension until two weeks after decision – R off sick during investigation – ET found two incidents of harassment against R when C put R’s hand on her breasts and said ‘you wouldn’t know what to do with a woman anyway’ – employer directly discriminated against R in the way the investigation of his grievance was handled, the delay in lifting his suspension and not giving written confirmation of his exoneration – manager also lied about knowing that R was gay.

 

Injury to feelings £12,000

 

Psychiatric injury £10,500 – ET observed that psychiatric injury was real and proved – Individuals with a depressive illness often put a brave face on it before something happens which triggers more serious illness

Wooltorton v Noble Health Consultants Ltd and Scott

Nottingham Employment Tribunal

Case no. 2603744/11

31 August 2012

Equal Opportunities Review June 2013, page 19

 

Pregnancy discrimination - W was pregnant - fainted at work but not allowed to go home - employer obstructive about hospital appointments - summarily dismissed on grounds of poor performance - no eveidence to support poor performance - in response employer denied knowing of pregnancy until W told him she had an abortion but this was totally untrue.

 

Injury to feelings - £12,000 - aggravated by employers "callous lie"

Lorking v Inheritance Tax Planning Matters Ltd

London South Employment Tribunal

Case no. 2375332/11

2 April 2012

Equal Opportinities Review June 2013, page 17

 

Sex discrimination - direct - L was criticised in emails of male colleagues - she was not allowed to put her case about the matters raised and she was treated as guilty - -email refered to L as 'doing the Florence Nightingale' - L felt belittled and humiliated when obliged to apologise - L was dismissed for redundancy shortly afterwards - culture of sexual bias in the organisation.

 

Injury to feelings - £15,000 - whilst the employment was short L was very upset and lost her job - observation that discriminatory dismissals should be censored by the tribunal and this was "quite a serious case"

 

Capeling v Devonport Royal Dockyards

Exeter Employment Tribunal

Case No 1700460/08

2 December 2008

IDS Diversity at Work November 2009, p21

 

Sexual harassment – victimisation – direct discrimination – C was the only woman in a group of 150 dock workers – C was subject to severe harassment and asked for a transfer but did not name the harassers – she was then moved again which affected her work progression – C raised a grievance which was rejected – three months later she raised a further grievance about harassment from V who commented woman should not be in the job – this grievance was also rejected – ET found that C’s second move was victimisation as it only happened because of her previous complaint of discrimination – an assumption that she was not physically up to the job amounted to direct discrimination – the comments from V were harassment.

 

Injury to feelings £16,000

 

Aggravated damages £3,000 for high handed treatment by the HR Director during the appeal process

Vij v Sunrise Glazing Ltd

Watford Employment Tribunal - 6 December 2010

 

Sexual harassment - direct sex discrimination - victimisation - V office administrator - S, a colleague, subjected V to a campaign of sexual harassment over several months - S repeatedly propositioned her for sex and called her "a whore" when she refused - V complained and it was proposed she transferred although this was not followed through (victimisation) - following an altercation S assaulted V - both were dismissed - the dismissal was found to be a further act of direct sex discrimination.

 

Injury to feelings - sexual harassment £10,000 - serious and not isolated incident

 

Injury to feelings - victimisation £750 - relatively minor complaint but needs to be recognised in compensation

 

Injury to feelings - direct discrimination £6000- a single act of discrimination but with significant consequences - loss of a job ver serious and when tainted by discrimination causes considerable distress

 

Injury to feelings total £16,750

 

Aggravated damages £2,500 - respondents distainful attitude to proceedings - responded without checking truth of V's claim - attempted to blacken V's character falsely alleging she was flirtatious and responsible for complaints made against the company

Palmer v East and North Hertfordshire NHS Trust

Bedford Employment Tribunal –14 June 2012

[2012] Equality Law Reports 989

Link to case: http://tinyurl.com/palmer1210

 

Age discrimination – direct discrimination - Consultant surgeon suspended from 2003 until 2009 – notified of employers intention to retire him at 65 – P asked to continue working – ‘technical’ breach of retirement provisions meant default provisions did not apply – employers use of retirement as a mechanism for dismissal was less favourable treatment on grounds of age.

 

Injury to feelings £15,000 – exclusion from work life and associated social life which P loved – prolonged period of demeaning and hurtful treatment.

 

Aggravated damages £5,000 – Respondents high handed, insulting and oppressive refusal to allow return to work – lack of apology.

 

Exemplary damages £5,000 – oppressive and arbitrary acts of public officials – shocking case – “sustained, arbitrary and outrageous use of executive power”

Stone v Ramsay Health Care UK Operations Ltd

Yate Employment Tribunal - 29 November 2011

[2012] Equality Law Reports 93

Link to case: http://tinyurl.com/stone1201

 

Pregnancy and maternity discrimination - unfavourable treatment - M was a hospital manager - commenced maternity leave for 1 year from February 2010 - maternity cover manager constantly pressuried S for support and advice during maternity leave and raised grievance against her for lack of response - grievance not properly investigated due to S's maternity leave - keep in touch days not agreed - excluded from managers pay review due to absence.

 

Injury to feelings £18,000

Simpson v BAA Airports Ltd

Reading Employment Tribunal - 24 May 2010

[2011] Equality Law Reports 99

Link to case: http://tinyurl.com/simpson1101

 

Race discrimination - direct discrimination - harassment - S was a black female employed as a security officer - in September 2008 manager referred to black blood having germs - HR department advised her to deal with it informally with her manager - asked manager to stop - manager made other offensive comments including saying he didn't think black people could spell and that he knew all about her health problems - S brought a grievance but this was dismissed - S subjected to further racist comments from other staff for bringing the grievance - off work sick from March - June 2009

 

Injury to feelings £18,000 - long period of discrimination - 4 incidents of highly offensive remarks related to colour - employer aware of climate of racial abuse but allowed it to continue - actions of HR department inappropropriate and should have started formal grievance procedure when S complained.

 

Aggravated damages £10,000 - several offensive remarks made by manager when he knew S was offended and had asked him to stop - managers defence of matter was intended to cause distress to S - employers failure to deal with grievances

 

Personal injury £10,000 - S sufferd stress and anxiety amounting to psychiatric injury for which she required counselling

Browne v Central Manchester University Hospitals NHS Foundation Trust

Manchester Employment Tribunal - 8 December 2011

[2012] Equality Law Reports 186

Link to case: http://tinyurl.com/Browne1202

 

Race discrimination - direct discrimination - B divisional director in Trust - discplined for performance issues - detrimental treatment during disciplinary process.

 

Injury to feelings £20,000

 

Aggravated damages £5,000 - no apology from employer

 

Personal injury - £13,000 - treatment causing significant injury to mental health

Dixon v Croglin Estate Co Ltd

Newcastle Employment Tribunal - 4 January 2012

[2012] Equality Law Reports 187

Link to case: http://tinyurl.com/dixon1202

 

Age discrimination - direct discrimination - D head gamekeeper - dismissed Jun 2011 - aged 58 - employers comments that "it was a young man's job", "set in his ways" and "unlikley to change".

 

Injury to feelings £20,000

 

Aggravated damages £4,000 - no dismissal procedure - pressure on witnesses

Michalak v Mid Yorkshire Hospitals NHS Trust

Leeds Employment Tribunal - 15 December 2011

[2012] Equality Law Reports 186

Link to case: http://tinyurl.com/michalak1202

 

Sex discrimination - race discrimination - direct discrimination - unjustified complaints and criticism as part of plan to get rid of M - long period of suspension prior to dismissal - M developed depression, anxiety and post traumatic stress disorder - unable to return to work as a doctor.

 

Injury to feelings - £30,000

 

Exemplary damages - £4,000 - abuse of power in disciplinary proceedings.

 

Personal injury - £56,000 - severe psychiatric injury

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