Unfair Dismissal Solicitors: Discrimination Claims Bringing A Discrimination Claim At the Unfair Dismissal Solicitors, we also handle sex, race, disability, and age discrimination Tribunal claims. Such claims must be made within three months of the discriminatory act (or last discriminatory act) complained of.

Unlike in unfair dismissal claims, employees do not have to have had at least 1 year’s continuous service with the employer to be entitled to bring the claim. Should the employees claim be successful, the tribunal can make recommendations and award compensation. Should the employer fail to comply with recommendations made by the tribunal for action to reduce discrimination without reasonable justification, the tribunal can award additional compensation on top of what it may have already awarded. Compensation awards in discrimination cases are unlimited and unlike in unfair dismissal cases, there is no such thing as a 'basic' or 'compensatory' award. Instead, the award normally comprises the following:-

• Injury to Feelings: Comprise separate awards for hurt feelings, aggravated damages, and injury to health. The criteria for assessing compensation for hurt feelings were set out by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire (No.2) (2003). In that case, the Court stated that there should be a top band of between £15,000.00 and £25,000.00 for the most serious cases, a middle band of between £5,000.00 and £15,000.00 for serious cases, and awards of between £500.00 and £5,000.00 for less serious and one-off cases. The Court stated that awards of less than £500.00 should be avoided. An injury to health claim can be incorporated into the injury to feelings claim, but should there be a separate award for it, the tribunal has to ensure that there is no element of duplication. Finally, aggravated damages can also be awarded as part of the injury to feelings claim, although awards for this element do not usually exceed £5,000.00 and are only awarded should the employers conduct have been especially cruel and malicious.


• Loss of Earnings: Normally makes up the bulk of the claim and includes both actual and future loss of earnings. Future loss can be extensive where psychiatric injury has been sustained as a result of the discrimination and makes it difficult for the employee to obtain new and appropriate employment.


• Injury to Health (Personal Injury): Is most commonly for psychiatric injury. Nevertheless, where a claim for personal injury is included, the employee loses the right to bring a claim in the civil courts for it.


• Ancillary Losses: These can be for items such as the cost of looking for alternative employment and pension loss.


• Interest: Interest on the compensation award can be claimed

What To Do If You Have A Discrimination Claim

Should you have a claim for sex, race, disability, or age discrimination, then please call one of our solicitors immediately on 07919 561266. They will discuss your sex discrimination claim with you and will be able to determine what the prospects of success are in terms of bringing a successful claim for sex, race, disability, or age discrimination. Should you have a sex, race, disability, or age discrimination claim with good prospects of success, they will then go through with you what you should do next in detail.

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