Injury to Feelings

The Employment Appeal has handed down a (short) judgment dealing with awards for injury to feelings. Although a small-value claim, the decision has general ramifications.

The EAT held that:

• tribunals must not take the size of the employer's organisation into account when assessing injury to feelings (para. 16)
• the fact they took into account the "complete failure" of the Respondent's equal opportunity indicated that the award included a punitive element, which was not permitted in an award for injury to feelings (paras. 19-20)

Accordingly the EAT reduced the injury to feelings award from £5,000 to £4,000.

Corus Hotels v Woodward