Updated injury to feeling banding in employment discrimination cases

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An employee does not need to have accumulated two years of continuous service to bring a discrimination claim.

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The Employment Tribunal President issued presidential guidance updating the band amounts for injury to feelings awards in discrimination cases.

From 5 September 2017 the bands will stand as follows: a lower band of £800 to £8,400; a middle band of £8,400 to £25,200; and an upper band of £25,200 to £42,000, with the most exceptional cases capable of exceeding £42,000 with no set upper limit. The lower band applies in less serious cases and covers minor instances of discrimination and small one-off episodes. The middle band applies in serious cases that do not merit award in the higher band. The higher band covers most serious cases.

It is worth noting that the injury to feelings head of damages is specific to discrimination cases. A discrimination claim may include compensation for other type of damages:  loss of past and future earnings, loss of opportunity, injury to health, exemplary damages, which can all be subject to the ACAS uplift. An employee does not need to have accumulated two years of continuous service to bring a discrimination claim and, of course, the Employment Tribunal fees have recently been quashed by the Supreme Court.

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