Shakil v Samsons Limited - Assessment of Injury to Feelings

The recent Employment Appeal Tribunal (EAT) Judgment in the case of Shakil v Samsons Limited provides a helpful summary for employers of how the Employment Tribunal (ET) should assess compensatory awards for injury to feelings following a successful claim for discrimination.

Miss Shakil had been employed for about 6 months as an accountant/bookkeeper by Samsons Limited when, in March 2021, she called in sick with morning sickness. This was the first time the company was made aware that Miss Shakil was pregnant. The next day, Miss Shakil’s working time was reduced to two days a week on the grounds that there had been a reduction of work across the business. In September, Miss Shakil was dismissed by reason of redundancy.

Miss Shakil issued a claim in the ET contending that she had been dismissed because of her pregnancy and not because of the purported redundancy situation. The claim was successful, with the ET finding that the redundancy was a sham. However, the ET only awarded Miss Shakil £5,000 for injury to feelings and Miss Shakil appealed this, arguing that the ET had made the award without correctly applying the law in accordance with the leading case of Vento v Chief Constable of West Yorkshire Police.

The EAT agreed and found that the ET had failed to correctly analyse Miss Shakil’s evidence of the injury she had suffered or make any findings on these facts. Additionally, the ET had failed to: refer to the three bands set out in the Vento case; state which Band applied; and clarify how that decision was reached. The Vento Bands are currently:

• Lower Band: Between £1,200 and £11,700 for less serious cases.
• Middle Band: Between £11,700 and £35,200 for serious cases which do not merit an award in the upper band.
• Upper Band: Between £35,200 and £58,700 for the most serious cases.

The EAT stated that it was ”hard to see” how the award could be adjudged to fall within the Lower Band given that Miss Shakil had been subjected to a sham redundancy process because of her pregnancy. Accordingly, the EAT sent the case back to the ET for the level of the award for injury to feelings to be reassessed.

As a reminder, the Vento bands are usually increased shortly at the start of April each year, per the Presidential Guidance (of the Presidents of the Employment Tribunals in both: Scotland; and England and Wales) to keep awards for injury to feelings in line with inflation.

If you have any questions about awards for injury to feelings of the Vento Bands, please call us today on 0113 207 0000.