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INJURY TO FEELINGS: Court of Appeal rules that employment tribunals should increase discrimination awards

01 September 2017  

Phil Allen looks at a recent Court of Appeal decision and why it means there will be increases to discrimination awards in employment tribunals

Discrimination awards and settlements for employment claims will rise following a landmark Court of Appeal decision and a resulting consultation launched by the presidents of the employment tribunals. In its long-awaited judgment in De Souza v Vinci Construction (UK) Ltd [2017], the court has confirmed that discrimination awards for injury to feelings and personal injury made in the employment tribunal should be increased. That has now been followed by a judicial consultation which proposes significant increases in tribunal injury to feelings awards in discrimination cases.

Additional Info

  • Case(s) Referenced:

    AA Solicitors Ltd & anor v Majid [2016] UKEAT/0217/15

    Da’Bell v NSPCC [2009] UKEAT/0227/09

    De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879

    Simmons v Castle [2012] EWCA Civ 1039

    Small v The Shrewsbury and Telford Hospitals NHS Trust [2017] EWCA Civ 882

    Vento v Chief Constable of West Yorkshire Police (No 2) [2002] EWCA Civ 1871