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PI Brief Update

Court of Appeal to Decide Whether the Simmons v Castle 10% Uplift Applies in the Employment Tribunal - Susan Thompson & Claire Holland, Magrath LLP

14/06/15. Personal injury claims in the employment tribunal - Damages for personal injury can be claimed as part of compensation for discrimination in the employment tribunal and normally feature in the context of psychiatric injury. Any compensation for personal injury, however, should only reflect the degree to which the discrimination has caused or contributed to the psychiatric injury.

As part of any discrimination claim, an employee can also claim compensation for injury to feelings, which is distinct from personal injury compensation. This can sometimes be a tricky area for employment tribunals as it is not always clear where the line between the two types of compensation falls. As such, tribunals must be careful that they do not award the same loss twice under the separate heads of loss.

Guidelines for the correct awards to be made in cases involving injury to feelings in employment tribunals were set by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police (No.2) [2003] IRLR 102, which have since been increased in line with inflation (Da'Bell v NSPCC [2010] IRLR 19)...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.