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Injury to Feelings Award

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When calculating an injury to feelings award, is the effect of the conduct on the Claimant the relevant consideration (rather than the gravity of the Respondent’s actions)?

Yes, held the EAT in Komeng v Creative Support.

The tribunal had not erred in law in assessing the injury to feelings in the lower Vento band. The consideration to be made was the impact of the act on the Claimant and not the gravity of the Respondent’s actions. The EAT made clear that it is not only one-off acts that fall within the lower Vento band. The tribunal had fully considered the impact on the Claimant and was entitled to place his award at the top end of the lowest band.

However, the EAT held that the tribunal had erred in not calculating the interest on the Claimant’s award. With the parties’ consent, the EAT substituted the figure with the correct amount of £12,757, in accordance with s35(1)(a) Employment Tribunals Act 1996.