The Vento guidelines for awards for injury to feelings indicate that the lowest band, currently £900-£8,800, is appropriate for less serious cases, such as where the act of discrimination is an isolated or one-off occurrence. In Komeng v Creative Support Limited an ET upheld K’s claim of direct race discrimination because he had been treated less favourably by the employer’s refusal, over a number of years, to help him to access a Level 3 NVQ course and requiring him to work every weekend. The ET recognised the significant upset and distress caused over that period of time and awarded K £8,400 for injury to feelings. The EAT rejected K’s appeal that the award was too low. The ET had correctly considered the effect of the discriminatory treatment on K and not the gravity of the employer’s acts. There is no hard and fast rule that the lower band is only appropriate for one off acts. Furthermore, K did not give evidence suggesting that he had been as adversely affected as many others might have been and he had displayed a remarkable resilience in the face of discriminatory treatment over several years.
Injury to feelings assessed by effect of discriminatory treatment not gravity of the acts
Article by: Makbool Javaid |