Is compensation awarded for injury to feelings on the increase? Is there any practical advice that can be given in taking steps to reduce injury to feelings costs?
Posted in : First Tuesday Q&A NI on 6 February 2018
Chris Fullerton
Arthur Cox
A recent Court of Appeal decision (Pereira v de Souza v Vinci Construction Ltd [2017]) held that a 10% uplift should apply to awards for injury to feelings. Although this was an English decision, it is persuasive authority for Northern Ireland.
The new award bands are now:
- Lower band: £1,000 - £8,000
- Middle band: £8,000 - £25,000
- Top band: £25,000 - £42,000
Injury to feelings compensation is only awarded off the back of a discrimination claim, but the threshold for obtaining such compensation is low. The matters compensated for by an injury to feelings award encompass: subjective feelings of upset, frustration, worry, anxiety, mental distress, fear, grief, anguish, humiliation,
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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