Tribunal Pay out for Hurt Feelings

We recently told you about the fire service employee who was awarded £45,000 in damages from a tribunal. This week, we can update you on a woman who was awarded awarded maximum damages of £33,500 for injury to feelings over age discrimination and a further £5,700 in aggravated damages. The payout is the highest award ever for injury to feelings for any act of discrimination in the UK.

The award resulted due to a senior manager who was ‘humiliated’ when she was rejected for a new job because of her age. She was the preferred candidate for a key role running a specific area of the NHS, but when she highlighted she was just over three years from the retirement age of 60 the mood changed. A senior NHS manager told her ‘I didn’t realise you were so old’ before she was rejected in favour of a 43-year-old colleague with three years’ experience compared to her 38 years.

The tribunal judgement branded managers at the trust ‘high-handed, malicious, insulting and oppressive’ in their treatment of the former high-flier. It is expected that further hearings will be held later this year over other claims against the trust, which faces a bill of up to £1m in damages and costs.

It is important to have appropriate polices and procedures in place, and that you do not leave yourself open to discrimination claims. This includes your recruitment practices.

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