Is the Joint Presidential Guidance 'Employment Tribunal awards for injury to feelings and psychiatric injury following De Souza v Vinci Construction (UK) Ltd' relevant to assessment claims for injury to feelings issued prior to September 2017?
Yes, held the Court of Appeal in Durrant v Chief Constable of Avon & Somerset Constabulary.
The Claimant, a woman of mixed race, was successful in her race discrimination claim against the Respondent regarding her treatment in respect of a suspected assault. She successfully demonstrated discrimination with the Court finding:
• whilst grounds for arrest were proper, the police initially focused on arresting her before the white men who were also suspected of involvement;
• the Claimant's hands were handcuffed behind her back;
• there was significant delay in allowing her to use the toilet, such that she was obliged to urinate on the floor of her cell in front of male staff.
The Claimant was awarded £4,950 for injury to feelings and appealed to the Court of Appeal who increased this to £14,000. The Court applied the guidance, despite accepting it had not at that date to come into effect, "as the best way in the circumstances in which this court finds itself of making due allowance for the effect of interest and an appropriate element of uplift in relation to the long and hard road ...".
Thanks to Barnaby Large of No.18 Barristers Chambers for preparing this case summary.