There are a number of factors to consider in each case. These include the vulnerability of the claimant, the degree of hurt, distress or upset caused, the position of the person who was found to be discriminating and the seriousness of the treatment.
The current maximum guideline award for injury to feelings is now £42,900 for claims lodged on or after 6 April 2018, although in the most exceptional cases the sum may be more than this.
An award in the lower band would be "appropriate for less serious cases, such as where the act of discrimination is an isolated or one off occurrence".
An award in the middle band "should be used for serious cases, which do not merit an award in the highest band".
An award in the top band would be made "in the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment on the ground of sex or race". Only in "the most exceptional case" should an award for injury to feelings exceed the top of this band.
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