In Durrant v Chief Constable of Avon & Somerset Constabulary the Court of Appeal held that when considering assessment claims for injury to feelings prior to September 2017 the Joint Presidential Guidance ‘Employment Tribunal awards for injury to feelings and psychiatric injury following De Souza v Vinci Construction (UK)Ltd’ would be relevant.
Whilst not an employment related case, this case has implications for discrimination cases generally. In this case the Claimant was a woman of mixed race. Her race discrimination claim regarding her treatment over a suspected assault which was successful as the Court found the following:-
– In the arrest the Claimant had her hands handcuffed behind her back.
– Although her arrest was warranted, the police concentrated on arresting her first before any of the white men who were also involved in the assault.
– While she was being held the staff delayed in allowing the Claimant to use the toilet. As a result it was necessary for her to urinate on the floor of her cell in front of male staff.
The appeal concerned the amount awarded to her for injury to feelings. Despite the guidance not having come into effect at the time, the Court applied the guidance “as the best way in the circumstances in which this court finds itself making due allowance for the effect of interest and an appropriate element of uplift in relation to the long and hard road…” In doing so it increased the initial award for injury to feelings from £4,950 to £14,000.
19th December 2017