Whilst compensation for successful discrimination claims in the Employment Tribunal are without limit you must not think that you will automatically receive a substantial award. The Tribunal is still subject to pre set scales and only in extreme cases will it make an award in excess.
An excellent short summary of UK compensation awards in discrimination cases written by Sue Johnstone, Editor of Equal Opportunities Review, and published in the blog “Michael Rubenstein Presents. …” follows in part:-
“Equal Opportunities Review’s (EOR) annual survey of compensation awards in discrimination cases covers a record number of 422 awards. Notably this year, there are no exceptionally large awards – the highest award being for £235,825 in a disability discrimination case. In fact, there were only two awards that exceeded £100,000.
The figures for 2012 show a decrease overall in the average total award whilst the average injury to feelings award has increased. Injury to feelings compensation has increased as a proportion of the total award – up to almost half (47%) – confirming that the trend has been for lower amounts to be awarded for financial loss. The median for both total and injury to feelings have remained at more or less the same level for some years – the total award median has been around £7,500 for the past nine years – apart from spikes in two years – and the injury to feelings median has remained at £5,000 for the last three years.
Sex discrimination awards have decreased, with both the average and median going down since last year. Interestingly, if the case involves pregnancy or maternity, the average and median go down even further.
Race discrimination cases also show a decrease in the average award, whereas the median has increased, albeit only to £4,500, the second lowest of all jurisdictions.”
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