UK: Discrimination: Injury to Feelings Awards

Authors: Robert Hill, Corinna Harris, and Sophie Jackson

The EAT has ruled that an injury to feelings award of £10,000, for failure to deal with a grievance, was “manifestly excessive.”

A few months after Ms. Graham informed her employer of her pregnancy, they commenced a redundancy process. She considered that as she was due to start her maternity leave shortly, she had a preferential right to be offered suitable alternative employment (SAE). The employer did not agree that the vacancy was a SAE for her and she was not successful at interview. She twice sent a grievance by email but it was blocked by the employer’s firewall. Although she told her employer that her grievance had not been answered, this was not followed up for reasons which the tribunal concluded were materially influenced by her absence on maternity leave.

She was made redundant and subsequently brought claims including for unfair dismissal and pregnancy and maternity discrimination.

The EAT noted that there had been limited evidence of the extent of Ms. Graham’s injury to feelings – she had suffered a “degree of upset” which was fleeting and she had not experienced any adverse effect on her work, personal life or quality of life. It found that the £10,000 injury to feelings award was excessive given the impact of the employer’s actions, and reduced the award to £2,000.

Key Action Points for Human Resources and In-house Counsel

The EAT provided useful guidance on how injury to feelings awards should be assessed.

Employers should ensure that they deal with grievances raised by employees who are absent on family leave.

Eddie Stobart Limited v Graham