The Court of Appeal in Simmons v Castle held that, from 1 April 2013, the level damages in civil claims for pain and suffering, loss of amenity, physical inconvenience and discomfort, social discredit, or mental distress, should increase by 10%. Decisions in the EAT have been divided as to whether the Simmons v Castle 10% uplift should be applied to personal injury and injury to feelings awards under the Equality Act 2010, as S.124 (6) states that the compensation awarded should correspond to the amount which could be awarded by the county court.
The Court of Appeal have resolved the matter in De Souza v Vinci Construction (UK) LTD by ruling that the Simmons v Castle 10% uplift does apply to personal injury and injury to feelings awards in the ET. The language of S.124(6) means is that the amount awarded by an ET in respect of a particular head of loss should be the same as if an award in respect of the identical loss had fallen to be made in the County Court, i.e. the two amounts should “correspond”. The current Judicial College Guidelines for psychiatric injury incorporate the uplift, and the President of the Employment Tribunals should publish guidance uplifting to the Vento injury to feelings bands; pending guidance, ETs can do their own adjustment, which need not be mathematically precise.
This update 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. Click on the links to access full details. If no link is provided, contact us for more 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.
