The States agreed that if a complaint of discrimination, harassment or victimisation is upheld, the Tribunal could:
- order financial compensation be paid to the person who has been discriminated against, harassed or victimised; and/or
- order a non-financial remedy (this might include, for example, a requirement for someone to undergo training or an order to provide a reasonable adjustment).
The following provides details on the financial compensation that can be awarded by the Tribunal.
Original Policy Proposals (2019)
Introduction of compensatory awards proportionate to the loss someone has experienced and potentially made up of two elements – financial loss and injury to feelings.
Revised awards structure for all employment protection cases so compensatory award received once.
Consultation Feedback (2019-2020)
No need to change the unfair dismissal regime/award.
Should be light touch and proportionate
Final – What the States have Agreed (2020)
No change to unfair dismissal regime and capped awards.
For discrimination in the field of employment: An upper limit of 6 months’ pay plus up to £10,000 for injury to feelings based on a three banded scale akin to the Vento Scale used in the UK (albeit with a much lower upper limit).
For discrimination in all other fields: An upper limit of £10,000 for financial loss plus up to £10,000 for injury to feelings.
Where a claimant makes complaints for both unfair dismissal under the Employment Protection Law and discrimination in the field of employment under the existing or new discrimination legislation, and the complaints are related (i.e. discriminatory dismissal), the claimant could be awarded either:
– up to 6 months’ pay under the Employment Protection Law if the unfair dismissal complaint is upheld but the discrimination complaint is not, or
– up to 6 months’ pay plus up to £10,000 for injury to feelings if the discrimination complaint is upheld but the unfair dismissal complaint is not, or
– a combined award of up to 9 months’ pay plus up to £10,000 for injury to feelings if both the unfair dismissal and the discrimination complaints are upheld.