Injury to feelings for racial harassment

26 Jun Injury to feelings for racial harassment

The Employment Appeal Tribunal case of Base Childrenswear Ltd v Otshudi demonstrates that a one-off act of discrimination can result in an award for injury to feelings above the “lower band of Vento.”

In this particular case, an award of £16,000 was made for injury to feelings, £3,000 for personal injury and £5,000 (reduced to £4,000) for aggravated damages.

Injury to feelings is awarded according to the affect to the employee or worker of the discrimination that the person was subjected to. Aggravated damages can be awarded where the employer (before or after legal proceedings have been commenced) has acted in a malicious or high handed way. Personal injury can be awarded for any injury to, for example, the mental health of the worker or employee. Commonly, this is depression.

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