In 2012, the Court of Appeal (CA) in Simmons v Castle held that with effect from 1 April 2013, the proper level of general damages for (i) pain, suffering and loss of amenity in respect of personal injury, (ii) nuisance, (iii) defamation and (iv) all other torts (civil wrongdoings) which cause suffering, inconvenience or distress to individuals, should be 10% higher than previously. In 2014, ‘Presidential Guidance – General Case Management’, produced by the President of the Employment Tribunals in England and Wales, indicated that the Simmons uplift should be applied to the Vento bands when calculating compensation for injury to feelings.
There have been conflicting judgments in the EAT as to whether an award for injury to feelings made under the Equality Act 2010 (EA 2010) should be increased by the Simmons 10% uplift. Two divisions of the EAT decided that it should, but two ruled that it should not. The President of the EAT, however, held in Beckford v London Borough of Southwark that the 10% uplift should be applied, making the score 3-2 in favour. In the EAT’s view the CA’s ruling in Simmons was made to be applied across the board to the type of claims identified, injury to feelings awards came within their scope and the EA 2010 requires awards to be comparable in tribunals to those given in the county court.
The Court of Appeal will be hearing appeals from some of the previous EAT judgments on the issue, but in the meantime employment tribunals may find the President’s decision to be very persuasive. So while it is a case of ‘watch this space’, employers should be prepared for a possible 10% uplift where a claimant is successful.
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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
