Discrimination – compensation

9th July 2019

Discrimination – compensation

If an employee wins their discrimination claim, they will be awarded ‘injury to feelings’ compensation in addition to any other losses that flow from the discriminatory act. The injury to feelings award is designed to compensate for the upset and anxiety that were caused by the discrimination. But what if the employee was in some way at fault – should their injury to feelings compensation be reduced? 

In First Great Western v Waiyego, Ms Waiyego successfully claimed that her employer had failed to make reasonable adjustments for her disability by failing to provide a CBT course. She was awarded compensation including injury to feelings. The employer appealed to the Employment Appeal Tribunal, arguing that as Ms Waiyego had failed to provide details of her previous CBT therapist, she was partially responsible for the failure to provide a CBT course, and that the award should be reduced.

The EAT said that it would be difficult to apply a principle which dealt with ‘fault’ to a claim which can also occur without fault – some discriminatory acts are entirely unconscious, rather than deliberate. They made the sensible point that if lawmakers had intended for contributory fault to be available in discrimination claims, the concept would have been included in the discrimination legislation (as it is in unfair dismissal claims).

This is a sensible decision. There was an unpalatable potential outcome to this argument had it succeeded – the risk that in harassment cases, it might then be argued that the victim ‘brought the situation on themselves’.

To discuss discrimination or for more information about injury to feelings compensation, contact Marie Allen on 01473 298133 or email marie.allen@gotelee.co.uk.

Partner
Practice Areas
Business Immigration
Employment Law
Blog Posts

Bank of Mum and Dad

20/08/2019

Increased property prices have put home ownership out of the reach for many. The…

Read More
Upcoming Events

Managing the workforce in 2019

03/04/2019

If you employ staff or have responsibility for HR, Gotelee Solicitor’s annual employment law…

Read More
News Posts

Supporting Learning and Inclusion at Snape Maltings

15/08/2019

For the second year Gotelee Solicitors proudly sponsor the Carer and Cared For Programme…

Read More

Testimonials

"We found Rachel Dawson outstanding, polite, professional and caring."

-

"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"

-

"Domini was very fast and efficient in carrying out her work for me - she was also very good at explaining things to me"

-

"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”.  - Peter Dawes, Cater Dawes Financial Planning "

-

"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"

- MT

"I have used Tracey Laflin at Gotelee on a number of occasions and in my opinion, she is simply the most efficient conveyancing solicitor I have ever worked with. From the outset, she took the time to understand my specific business requirements and to date, she has exceeded all of my expectations."

- Dale Fiddy - Portobello Developments Ltd

"Prompt, helpful, polite and very professional service"

-

"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

"I would like to say thank you for your help, support and guidance over the last two and a half years. Obviously should I need further assistance in the future I shall not hesitate to call you guys."

-

Please select preferred method of contact

* We will only contact you by telephone if you select this as primary form of contact. All web enquiries will be stored on our website for 30 days.