Tim Russell Tim Russell - Employment Law Consultant  
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Case of the Month
10% increase in non-pecuniary damages
In July 2012, the Court of Appeal ruled in Simmons v Castle that a 10% increase in non-pecuniary damages should apply to personal injury and similar cases in the civil courts. In the recent case of De Souza v Vinci Construction (UK) Ltd, the CA concluded the same rules applied in the ET. In this case the claimant, a cleaner, succeeded in a claim of disability discrimination against her employer. The employment tribunal awarded her 9,000 for injury to feelings (band two of three for injury to feelings awards which go from 500 to 30,000) and 3,000 for psychiatric injury. On appeal the CA found the Simmons uplift applied to both the personal injury and the injury to feelings award as s124(6) Equality Act 2010 required discrimination awards correspond with that which could be awarded by the county court. And so future discrimination awards will go up.
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