10% uplift to injury to feelings awards in discrimination claims

Following a recent Court of Appeal ruling, employees who claim discrimination are likely to be able to obtain 10% more recompense for injury to their feelings than previously.

The Court of Appeal ruled in De Souza v Vinci Construction UK Limited that claimants who claim discrimination should be able to claim the Castle v Simmons 10% uplift to the awards. In this matter Ms De Souza was successful in bringing a claim of disability discrimination against her employer but challenged the decision of the tribunal not to apply the 10% uplift to her award for “injury to feelings”.

In Castle v Simmons the Court of Appeal ruled a general uplift of 10% should apply to all awards for general damages in tort cases resulting in suffering, inconvenience or distress to individuals. The uplift came as a result of the review into civil litigation costs in 2009. Tort cases involve a breach of a duty of care, and in an employment context this relates to discrimination claims.

The Court of Appeal decided in De Souza that the uplift should apply in order to comply with the obligation under the Equality Act to ensure awards in the employment tribunal correspond with awards that can be made in the County Court. The Claimant was therefore successful in her appeal and her injury to feelings award was uplifted by 10%.

Ashtons Employment team offers training for line managers in businesses to try to help prevent discrimination occurring but also regularly advises when a discrimination claim is brought.