In this article you will learn basically what are the remedies for discrimination claims and why you should be knowing them as an employee or employer. The article going in to details explaining with some examples and is Rahman Low Solicitors in London. So let’s now get to the article below.
Unlike unfair dismissal claims which are always made when an employee’s employment has terminated, discrimination claims can be made either during employment or upon termination of employment. There is no minimum length of service required for an employee to be able to bring a claim for discrimination, whereas to make a claim for unfair dismissal, the employee needs to have one year of continuous service.
If a discrimination claim is found to be well-founded by a tribunal, three possible orders can be made. The tribunal can make more than one order, if appropriate.
If the claimant is found by the tribunal to have been discriminated against, the tribunal can make a declaration as to the rights of the employee and employer regarding the act complained of. A declaration is mean to help the parties move forward and avoid further discrimination in the future where the employee is continuing in employment. It is also used where there has been discrimination but the claimant has had no financial loss.
Compensation for discrimination is made up of two elements: financial loss and non-financial loss. Compensation for discrimination is unlimited, in this respect it differs from unfair dismissal whereas the maximum compensatory award is 68,400.
Financial loss includes loss of earnings up to the tribunal hearing as well as future loss of earnings. The award is mean to put the claimant in the position he would have been had the discrimination not taken place. There is no limit on the amount of compensation that can be awarded by the tribunal, but it will be based on the claimant’s loss. Whilst awards of millions of pounds have been made by tribunals, these are rare and in cases where the claimant is not able to return to work.
To compensate for non-financial loss an award can be made for injury to feelings and in certain circumstances, for aggravated damages. An award for injury to feelings is not automatic, but an award is made in almost every case. There are guidelines to assess the amount of compensation to be awarded for injury to feelings as set out by the Court of Appeal in Vento, although there is no cap on the amount that can be awarded. The top band of 18,000 – 30,000 is only used in the most serious cases of discrimination. The middle band of 6,000 – 18,000 is awarded for cases which, although serious, do not merit an award in the top band. The lowest band of 500 – 6,000 is for less serious cases where there has perhaps been one incident of discrimination. In the majority of cases the lowest band will be applied.
The tribunal can order that the employer takes action to reduce the adverse effect that the claimant has suffered as a result of the discriminatory acts. A time limit will be specified for compliance. This might include amending a policy to remove a discriminatory requirement.