An employee requires no length of service to bring a claim of discrimination. If an employer loses a Tribunal case on the grounds of discrimination, the amount a Tribunal can award is unlimited. There are a number of potential elements of an award. These can include loss of earnings as a result of the discriminatory treatment and injury to feelings. In some cases aggravated damages can also be awarded based on the manner in which the claim is handled. Interest will also be awarded in relation to discriminatory losses. Where a dismissal is found to be discriminatory in nature this removes the capping on compensation. This can be a particular concern given that if a Tribunal decides that there appears, on the face of it, to be a potential discriminatory act it becomes the respondent’s responsibility to prove that discrimination did not occur. Our Legal Services Consultants can help you navigate through the complexity of discrimination cases, identifying the areas of risk, possible defences and how to limit, if possible, the potential awards.
