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We have all seen big Tribunal awards, and sometimes employers seem to get punished even further by causing injury to feelings. And, many of us wonder how these are decided and calculated.
Now a recent ruling from the Employment Appeal Tribunal (EAT) has provided crucial guidance on how compensation for injury to feelings should be assessed. This case is related to pregnancy and maternity discrimination, but the principles are useful as they are likely to be applied elsewhere.
The case, Graham v Eddie Stobart, saw the EAT overturn a £10,000 award for injury to feelings, ruling it as ‘manifestly excessive’.
Case Background
The Claimant, alleged various instances of pregnancy and maternity discrimination. A Tribunal initially awarded her £10,000 for injury to feelings, citing the employer’s failure to properly handle her grievance as a key factor in their decision. This amount was placed at the lower end of the middle band of the “Vento” guidelines. These are well established, and are used to assess compensation for discrimination-related distress.
The Respondent, Eddie Stobart, appealed this decision, arguing that the sum was excessive given the limited evidence presented by the Claimant regarding her emotional distress. The Claimant had merely stated that she was ‘shocked and upset’, without providing further details of the impact on her personal or professional life.
The EAT’s Ruling
The EAT upheld the Respondent’s appeal, and reduced the injury to feelings award to £2,000 plus interest. The ruling emphasised the importance of providing concrete evidence when making claims for injury to feelings, and highlighted key factors that Tribunals should consider when determining appropriate compensation:
Claimant’s Description of Injury – The extent to which the Claimant describes their emotional distress.
Duration of Impact – How long the Claimant has been affected by the discrimination.
Workplace Consequences – The impact on their past, current and future employment.
Personal and Quality of Life Effects – Any negative effects on personal life and overall wellbeing.
Guidance on Assessing Injury to Feelings
The EAT, in reducing the award down to £2,000, provided further useful guidance on assessing the severity of injury to feelings, especially in cases where the Claimant provides limited supporting evidence:
Overt Discrimination – Direct and explicit acts of discrimination are more likely to cause significant distress.
Public Humiliation – Discrimination occurring in front of colleagues or others can exacerbate emotional harm.
Disciplinary Threats – The presence of disciplinary actions or threats may indicate a more severe injury to feelings.
Exclusion and Isolation – Acts that result in social exclusion within the workplace can lead to serious emotional distress.
Key Factors that Tribunals should consider (and employers need to be aware of):
Robust Grievance Handling – Properly addressing grievances can prevent claims from escalating.
Require Clear Evidence for Injury to Feelings Claims – Tribunals should look for substantial proof beyond vague emotional statements made by Claimants.
Recognise the Impact of Public Discrimination – Discrimination witnessed by others can heighten emotional distress, thus increasing any award.
Consider the Severity of Exclusion – Workplace isolation may be a significant factor in awarding compensation.
Use the Vento Guidelines appropriately – Awards should be based on the nature and severity of the injury, ensuring fairness for all parties involved.
This case underscores the necessity to understand the criteria used in awarding injury to feelings compensation, and the need for a Claimant to support an injury to feelings claim with strong evidence.
The guidance provided in this article is just that - guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice