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Compensation

This topic contains all articles and case reports dealing with Compensation. They are shown in reverse chronological order, with the most recently published being listed first.

You can further narrow down the articles or case reports you want to see by choosing one or more types of article, or case report, and/or selecting the date of publication, using the boxes on the right-hand side of your screen.

Showing results from 1 to 20 of 137

Our case studies this month look at two organisations that have recognised the importance of having a workforce that reflects the diversity of the communities they serve. We also have part two of “Compensation awards 2009”.

In this second part of our annual survey of compensation awards, we look at disability, age, sexual orientation and religion or belief discrimination, as well as those cases that involve more than one jurisdiction. As in previous years, we find that disability discrimination attracts the highest amounts. (...more)

The main focus this month is on our annual compensation awards survey.

The total amount awarded in compensation in discrimination increased substantially in 2009, standing at over £8 million, with interest. The overall average for the total award in 2009 increased to £20,910, although the average injury to feelings award fell to £5,849. (...more)

The EAT has held that a successful claimant in a discrimination case is entitled to recover compensation for any injury to feelings attributable to the discrimination regardless of whether the injury to feelings resulted from the knowledge that it was an act of discrimination. Taylor v XLN Telecom Ltd and others (9 Nov 2009, EAT)

A new Employment Tribunal Fast Track scheme has been set up to ensure workers who have been awarded payouts from their former employers at employment tribunals receive their payments.

This section of the Discrimination Guide 2010, on Sex and Race Discrimination - Individual Remedies, includes: Compensation - Action recommendation - Other statutory redress.

The Court of Appeal has ruled that an employer who has been found to have unlawfully discriminated in dismissing an employee can be liable for compensation reflecting the stigma consequences of the dismissal, ie the decision by third parties not to employ the claimant because he has taken proceedings against his former employer. Chagger v Abbey National plc (13 Nov 2009, CA) ...(more)

The EAT has decided to increase the Vento range of awards for injury to feelings. Da’Bell v National Society for the Prevention of Cruelty to Children (28 Sep 2009, EAT)

The EAT has emphasised that in awarding compensation in a serious case of unlawful discrimination, tribunals must guard against overlap or double recovery between aggravated damages, exemplary damages, compensation for injury to feelings and cost awards. They must also take account of the totality of the awards for non-pecuniary compensation. Ministry of Defence v Fletcher (9 Oct 2009, EAT)

The latest report from the Tribunals Service shows that equal pay cases no longer make up the largest category of claims to employment tribunals, with unfair dismissal cases reclaiming the top spot.

An employment tribunal erred by calculating future loss of earnings over the rest of a discrimination claimant's career by applying the Ogden tables without considering other contingencies not reflected in the tables. Rudd v Eagle Place Services Ltd (2 July 2009, EAT)

Age discrimination has become the predominant category of discrimination among the newer strands, but the level of awards for this type of discrimination remains low, with an average total award of £15,080 and median of £4,503. Combined jurisdiction cases continue to attract the highest level of awards.

The number of disability discrimination compensation cases went up in 2008, but the amount being awarded, apart from two very high awards, is decreasing. Although the average total award increased, the median total, and the average and median injury to feelings awards, have all gone down. ...(more)

Compensation awards in discrimination cases have increased to their highest levels yet recorded. In 2008, the overall average for the total award excluding interest was £17,099, and the average injury to feelings award was £6,612. The total amount awarded came to more than £6½ million. …(more)

Employers who fail to pay awards made by employment tribunals will be publicly “named and shamed”. As from 1 April 2009, the Ministry of Justice has amended the Register of Judgments Order so that employment tribunal defaulters can be included.

Some 62,706 equal pay claims were filed between April 2007 and March 2008, accounting for one in three of all employment tribunal claims throughout Great Britain, according to the Employment Tribunals Service's latest annual report.

An employment tribunal makes recommendations to enable the female claimant working in an almost exclusively male environment to continue to work for the respondent, free from harassment and with direct support from HR. The decision also demonstrates the "policing" role of HR, which is strongly criticised for allowing a "discriminatory smokescreen" to be used to transfer the claimant to a less desirable area of work. Capeling v Devonport Royal Dockyards Ltd (3 Dec 2008; ET/1700460/08)

As we have recently reported, the Government is proposing in the Equality Bill to extend the powers of employment tribunals to make wider recommendations in discrimination cases, which will not be tied, as under current law, to obviating the effect of the discrimination on the claimant and therefore will be able to benefit the wider workforce.

Unpaid tribunal awards should be enforced by the state rather than individual claimants, argues a briefing document from the Citizens Advice Bureau (CAB). Justice denied puts forward the case for amendments to the Employment Bill to put in place mechanisms for recovery of the estimated £4.5 million of unpaid tribunal awards.