Discrimination compensation guide 2005: Introduction

Sue Johnstone introduces the EOR Guide to Compensation in Discrimination Cases for 2005.

Equal Opportunities Review has been publishing its annual survey on compensation in discrimination cases for nine years, providing information that has proved invaluable to readers. The survey involves researching and analysing all decisions of the employment tribunals in England, Wales and Scotland. We have built up a database of employment tribunal decisions received from the three commissions, lawyers and other representation bodies, along with thorough research at the Employment Tribunals Service central records office to ensure that we include every discrimination case where compensation is awarded.

This year, for the first time, we are publishing this separate report (in addition to our usual annual survey, which appeared in Equal Opportunities Review no.144, August 2005). This enables us to share more of the information that we have available, and to provide more detailed coverage of the facts and figures that emerge from our research.

This guide is divided into three sections. Section 1 provides a comprehensive explanation of the legal principles that apply to the assessment of compensation. This is up-to-date as at 1 September 2005, and so includes principles established in appeal cases in 2005. Section 2 sets out the facts and figures. It consists mainly of tables, showing the median, average, minimum and maximum awards under a number of headings, by awards overall and by jurisdiction. This section provides invaluable information for advisers and representatives seeking to establish the correct level of award or settlement in a discrimination claim. It also sets out the number and proportion of cases falling within each of the various categories. This section covers all employment tribunal decisions in 2004.

The third section sets out summaries of employment tribunal decisions. These are arranged under various heads of compensation: injury to feelings, presented under each of the three Vento bands; aggravated damages; personal injury; individual liability; and financial loss, which covers loss of earnings, future loss, pensions, and expenses. These case summaries enable readers to see the amounts that employment tribunals have been awarding in practice, with the reasons for those awards.

Although the assessment of compensation is not an exact science, and employment tribunal decisions are not legally binding, this section provides the most comprehensive guidance to what claimants can expect to receive and what respondents are likely to have to pay in successful discrimination claims. Again, this section draws upon all discrimination decisions in 2004.

The EOR team have brought together years of experience and expertise to produce this unique guide. We hope that readers will find it to be a useful extension of the annual compensation survey.

Sue Johnstone
Editor