Employment Appeal Tribunal overturns Employment Tribunal’s £10,000 injury to feelings award
Summary
In Graham v Eddie Stobart Ltd, the Employment Tribunal (ET) found that Eddie Stobart Ltd had discriminated against Ms. Graham, who was made redundant while on maternity leave. The ET awarded her £10,000 for injury to feelings.
However, the Respondent appealed the injury to feelings award on the basis that they believed it was ‘manifestly excessive’ as the Claimant had provided little evidence that her feelings had been injured besides claiming that she was shocked and upset.
The Employment Appeal Tribunal (EAT) upheld the appeal and reduced the award to £2,000. The EAT emphasised the importance of providing evidence to support injury to feelings claims, for example:
- the Claimant’s description of their injury;
- the duration of the consequences of any injury;
- the effect on past, current and future work; and
- the effect on personal life or quality of life.
The EAT also provided some helpful guidance to determine the likely level of injury, particularly where the Claimant’s evidence for an injury to feelings claim is lacking:
- overt discrimination is more likely to cause distress and humiliation;
- discrimination witnessed by colleagues or others may well cause greater harm;
- disciplinary threats may provide a basis for inferring more serious injury to feelings; and
- exclusion which causes isolation can also indicate a more serious injury.
Implications for employers
This case underscores the importance of understanding and addressing the emotional impact of discriminatory actions on employees. The award for injury to feelings is intended to compensate for the distress and humiliation suffered by the employee due to the employer’s actions.
Steps employers should take
- Recognise Emotional Impact: Employers should be aware of the potential emotional impact of their actions on employees, especially in cases of redundancy and maternity leave.
- Ensure Fair Treatment: Treat all employees fairly and in accordance with the law, particularly those on maternity leave. Prioritise their rights and ensure compliance with relevant regulations.
- Address Grievances Promptly: Implement robust grievance procedures to address any issues promptly and effectively. This can help mitigate the emotional distress experienced by employees.
- Provide Support: Offer support to employees who may be affected by redundancy or other significant changes. This can include counselling services or other forms of emotional support.
By taking these steps, employers can help prevent discrimination claims and reduce the risk of awards for injury to feelings.
If you need assistance in dealing with injury to feelings claims, understanding employee rights, drafting disciplinary and grievance procedures, putting employee support mechanisms in place or managing employee relationships, please get in touch with a member of the team.
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