Chawla v Hewlett Packard Ltd UKEAT/0280/13; UKEAT/0427/13; (2015) EMPLR 041 and Pereira de Souza v Vinci Construction UK Ltd UKEAT/0328/14; (2015) EMPLR 042
20 March 2015 (de Souza case)
Employment Appeal Tribunal (EAT)
Slade J, Ms V Branney and Mr D G Smith (Chawla case)
HHJ Serota QC (de Souza case)
The Court of Appeal decided (in Simmons v Castle - not an employment case) that guideline figures for awards for injury should be increased by 10%, to take account of changes in the costs rules in the civil courts. Two different judges in the EAT in the above two cases have held that this 10% increase does not apply to employment tribunal awards for injury to feelings in discrimination cases. The reason for the increase (changes in the costs regime) did not apply in tribunals so there was no need to apply it.
The position remains, therefore, that the current guidelines for awards for injury to feelings remain unchanged - ie up to £6,000 for the least serious cases; £6,000 to £18,000 for the middle band cases; and £18,000 to £30,000 for the most serious cases (Da’Bell v NSPCC).
Law and Practice
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