Injury to feeling awards to increase

The Presidents of the Employment Tribunals in England and Wales and in Scotland are consulting on proposals to increase the bands for injury to feelings awards in discrimination claims.   

The new bands reflect increases by the Retail Prices Index (RPI) rate of inflation and a 10% “Simmons v Castle” uplift following the ruling in Simmons v Castle that general damages for pain and suffering should be increased by 10% in England and Wales.  The Court of Appeal recently confirmed in De Souza v Vinci Construction (UK) Ltd that the Simmons v Castle uplift applies to injury to feelings awards made by employment tribunals.  

Based on RPI at 18 July 2017, the new bands would be as follows:

• Lower Band: £1,000 to £8,000
• Middle Band: £8,000 to £25,000
• Upper Band: £25,000 to £42,000.

The new bands, to be included in Presidential Guidance, will apply in respect of any claims issued on or after the date of the Guidance and will be based on RPI at that date. The bands would then be uprated every 12 months by further Presidential Guidance, based upon the most recent RPI available. 

The consultation seeks views on whether RPI is the appropriate index to use and whether people agree or disagree with the proposed approach.  Responses are required by 25 August 2017.