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And again… Injury to feelings
In another case on the same point of the Simmons uplift, Chawla v Hewlett Packard Limited IDS 1017 page 14, has also decided that the uplift does not apply to Tribunal awards for injury to feelings. There are now conflicting lines of EAT authority on this point and clarification is needed from the Court of Appeal, as to which it is hoped that the parties in the Pereira de Souza case will appeal. This is particularly the case since the Presidential Guidance issued in 2014 expressly refers to the Vento guidelines on injury to feelings as being updated by the Simmons decision i.e. that the 10% uplift should apply, and the Da’Bell v NSPCC case which approved the increase in the Vento guidelines in line with inflation. There are also EAT cases which have followed Simmons in providing for a 10% uplift: Cadogan Hotel Parters Ltd v Ozog, and Sash Windows Workshop v King – both 2014 cases.
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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