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10% uplift on discrimination compensation
In Cadogan Hotel Partners Limited v Ozog, the EAT has confirmed that awards for injury to feelings in discrimination cases are subject to a 10% uplift after the Court of Appeal’s decision in Simmons v Castle. It also held that the employer’s failure to deal with an oral grievance did not attract the uplift in compensation as a result of an unreasonable failure to follow the ACAS Code of Practice – because the grievance was made verbally and not in writing, and the Code requires the grievance to be in writing.
The Tribunal had awarded a 25% uplift for failure to follow the ACAS Code on grievances but the EAT found that this was inappropriate because the Code specifically referred to the grievance being lodged in writing and it was not open to the Tribunal to make such an uplift in circumstances where the employee had not complied with the requirements of the Code.
Furthermore, the EAT did not consider that an award of £10,000 for the discrimination suffered was appropriate as it did not consider the harassment to fall into the middle band of Vento. The EAT considered that the conduct fell into the lower band and substituted an award of £6,000 along with a 10% uplift.
Interestingly in this case the judge changed her findings from the oral deliverance of the judgment to the written version….
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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