Da’Bell v NSPCC [2009] UKEAT 0227/09/2809

Discrimination: Quantifying injury to feelings awards: lessons from case law

Christopher Hitchins and Emma Phillpot consider what recent awards can tell us about the level of compensation an employer will be liable to pay for injured feelings in discrimination cases ‘Despite the Vento guidelines, it remains difficult to estimate what level of award could be made in any given situation.’ A victim of discrimination based …

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Litigation: Five reasons why your employment tribunal spend might increase next year

A cluster of recent cases and developments is likely to mean rising costs for employers faced with a tribunal claim, warn Phil Allen and Louise Singh ‘Employers are starting to see a renewed flow of the types of claim that had largely fallen away under the fee regime.’ After a few years in the wilderness, …

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Injury To Feelings: Court of Appeal rules that employment tribunals should increase discrimination awards

Phil Allen looks at a recent Court of Appeal decision and why it means there will be increases to discrimination awards in employment tribunals ‘While the largest component of most discrimination awards will remain the (uncapped) lost earnings, the increase in injury to feelings figures will mean that the employer’s potential exposure and the cost …

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Discrimination Awards: Why the cap doesn’t fit

Christopher Hitchins casts doubt on the government’s ability to limit damages for discrimination given the restraints of EU law ‘The government is considering implementing a system of caps on discrimination awards in the UK. Some of these changes have already been announced and a proposed implementation date has been set.’ Against the backdrop of the …

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