Injury to Feelings in the Workplace Awards from Tribunals Set to Increase

The Presidents of the Employment Tribunals in England and Wales and in Scotland have issued joint Presidential Guidance on injury to feelings awards.  For claims presented on or after 11 September 2017, new bands apply as follows:

• Lower Band: £800 to £8,400 (less serious cases)
• Middle Band: £8,400 to £25,000 (cases that do not merit an award in the upper band) 
• Upper Band: £25,000 to £42,000 (the most serious cases), with the most exceptional cases capable of exceeding £42,000.

For claims issued before 11 September 2017, it will be open to tribunals to increase the bands and the Guidance sets out the methodology for doing so. Injury to Feelings claims can be made for compensation around feelings of upset, distress or anxiety as a direct result of discrimination in the workplace.   

The Presidents will review, and if necessary amend, the Guidance in March 2018 and annually thereafter, with the new Guidance coming into effect in respect of claims presented on or after 6 April each year.  

For more information around your working rights and tribunals around injury to feeling and mental health issues, visit our discrimination, bullying and harassment and employment tribunal pages. Alternatively, contact the author on ldonaldson@doyleclayton.co.uk for further guidance.