Description
The EAT was asked to determine if an award in the lowest Vento band was appropriate in circumstances where an employee had been subjected to pregnancy-related discrimination over a 6-month period culminating in her dismissal. Listen along to find out what happened!
Hosted on Ausha. See ausha.co/privacy-policy for more information.
Transcription
Today in the Lefevre HR and Employment Law podcast, we're discussing the Employment Appeal Tribunal's judgment in the case of Shakil and Samsons Limited, in which it gave useful guidance on the correct application of the Vento guidelines. Where an employment tribunal upholds a discrimination claim, it may order the employer to pay the employee compensation for any injury to feelings they have suffered. Compensation for injury to feelings is assessed by reference to three compensation bands. known as the Vento Guidelines. In this case, the claimant began work as an accountant-cum-bookkeeper for a small property development company in October 2020. Around six months later, in March 2021, the claimant rang in to work sick. She spoke with the director and told him she felt unwell with morning sickness. The next day, without notice, the employer reduced the claimant's working hours to two days a week. In September 2021, The employer sent the claimant a letter saying she had been provisionally selected for redundancy and she was eventually made redundant on 31 September 2021. The claimant brought a claim of pregnancy discrimination. The employer defended this claim, denying it knew the claimant was pregnant and alleging performance and conduct issues on her part. The tribunal upheld the claim and held that the reduction in the claimant's hours of work and her subsequent dismissal were both acts of pregnancy-related discrimination. The tribunal made an injury to feelings award of £5,000 and the claimant appealed the level of award as she felt it was too low. The Employment Appeal Tribunal upheld the appeal, finding that the tribunal had made errors in its approach to assessing the injury to feelings award. In particular, it had failed to identify the evidence given by the claimant about the injury to feelings she suffered as a result of the discrimination. It failed to make any findings of fact about the injury to feelings she suffered. or to refer to the Vento guidelines, or any statutory provision or case authority relevant to assessing injury to feelings, and it failed to identify the relevant compensation band, and to state which band the injury to feelings fell within, or to explain why the award was set as it was within that particular band. This claim involved pregnancy discrimination over a six-month period, culminating in the claimant's dismissal in a sham redundancy process, and saw her subsequently facing false assertions regarding her conduct and performance. It was therefore inexplicable that the Tribunal had, without explanation, placed the claim in the middle of the lowest Vento band and a fresh Tribunal will now reconsider appropriate compensation. In deciding this case, the Employment Appeal Tribunal gave clear guidance for Tribunals on the correct application of the Vento Guidelines. It advised that taking a step-by-step approach tribunals should generally identify the discriminatory treatment for which an award of injury to feelings is to be made. It should hear evidence from the claimant about any injury to feelings caused by the discriminatory treatment. Make findings of fact about the injury to feelings suffered by the claimant because of the discriminatory treatment and identify the relevant guidelines applicable to the award. It should also state the band in which the injury to feelings award falls, explain why the injury to feelings falls within that band, and explain where within the band the Injury to Feelings Award falls and why the specific award was made. While it is not necessarily an error of law for a tribunal to fail to expressly consider each of these matters, it will usually be helpful to do so, and it will minimise the risk that the Employment Appeal Tribunal will conclude that the tribunal failed to properly identify or apply the correct legal principles. The Employment Appeal Tribunal also made additional points about the assessment of Injury to Feelings Awards. advising that tribunals may wish to consider whether it is of assistance to consider awards in similar reported cases, and noting that tribunals can consider as relevant factors any impact on the claimant from the respondent's conduct of the litigation, including any false assertions it has made in the ET3, and any threatening messages it has sent to a claimant, and that the financial resources of the respondent are not relevant to the assessment of injury to feelings awards. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
Description
The EAT was asked to determine if an award in the lowest Vento band was appropriate in circumstances where an employee had been subjected to pregnancy-related discrimination over a 6-month period culminating in her dismissal. Listen along to find out what happened!
Hosted on Ausha. See ausha.co/privacy-policy for more information.
Transcription
Today in the Lefevre HR and Employment Law podcast, we're discussing the Employment Appeal Tribunal's judgment in the case of Shakil and Samsons Limited, in which it gave useful guidance on the correct application of the Vento guidelines. Where an employment tribunal upholds a discrimination claim, it may order the employer to pay the employee compensation for any injury to feelings they have suffered. Compensation for injury to feelings is assessed by reference to three compensation bands. known as the Vento Guidelines. In this case, the claimant began work as an accountant-cum-bookkeeper for a small property development company in October 2020. Around six months later, in March 2021, the claimant rang in to work sick. She spoke with the director and told him she felt unwell with morning sickness. The next day, without notice, the employer reduced the claimant's working hours to two days a week. In September 2021, The employer sent the claimant a letter saying she had been provisionally selected for redundancy and she was eventually made redundant on 31 September 2021. The claimant brought a claim of pregnancy discrimination. The employer defended this claim, denying it knew the claimant was pregnant and alleging performance and conduct issues on her part. The tribunal upheld the claim and held that the reduction in the claimant's hours of work and her subsequent dismissal were both acts of pregnancy-related discrimination. The tribunal made an injury to feelings award of £5,000 and the claimant appealed the level of award as she felt it was too low. The Employment Appeal Tribunal upheld the appeal, finding that the tribunal had made errors in its approach to assessing the injury to feelings award. In particular, it had failed to identify the evidence given by the claimant about the injury to feelings she suffered as a result of the discrimination. It failed to make any findings of fact about the injury to feelings she suffered. or to refer to the Vento guidelines, or any statutory provision or case authority relevant to assessing injury to feelings, and it failed to identify the relevant compensation band, and to state which band the injury to feelings fell within, or to explain why the award was set as it was within that particular band. This claim involved pregnancy discrimination over a six-month period, culminating in the claimant's dismissal in a sham redundancy process, and saw her subsequently facing false assertions regarding her conduct and performance. It was therefore inexplicable that the Tribunal had, without explanation, placed the claim in the middle of the lowest Vento band and a fresh Tribunal will now reconsider appropriate compensation. In deciding this case, the Employment Appeal Tribunal gave clear guidance for Tribunals on the correct application of the Vento Guidelines. It advised that taking a step-by-step approach tribunals should generally identify the discriminatory treatment for which an award of injury to feelings is to be made. It should hear evidence from the claimant about any injury to feelings caused by the discriminatory treatment. Make findings of fact about the injury to feelings suffered by the claimant because of the discriminatory treatment and identify the relevant guidelines applicable to the award. It should also state the band in which the injury to feelings award falls, explain why the injury to feelings falls within that band, and explain where within the band the Injury to Feelings Award falls and why the specific award was made. While it is not necessarily an error of law for a tribunal to fail to expressly consider each of these matters, it will usually be helpful to do so, and it will minimise the risk that the Employment Appeal Tribunal will conclude that the tribunal failed to properly identify or apply the correct legal principles. The Employment Appeal Tribunal also made additional points about the assessment of Injury to Feelings Awards. advising that tribunals may wish to consider whether it is of assistance to consider awards in similar reported cases, and noting that tribunals can consider as relevant factors any impact on the claimant from the respondent's conduct of the litigation, including any false assertions it has made in the ET3, and any threatening messages it has sent to a claimant, and that the financial resources of the respondent are not relevant to the assessment of injury to feelings awards. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
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Description
The EAT was asked to determine if an award in the lowest Vento band was appropriate in circumstances where an employee had been subjected to pregnancy-related discrimination over a 6-month period culminating in her dismissal. Listen along to find out what happened!
Hosted on Ausha. See ausha.co/privacy-policy for more information.
Transcription
Today in the Lefevre HR and Employment Law podcast, we're discussing the Employment Appeal Tribunal's judgment in the case of Shakil and Samsons Limited, in which it gave useful guidance on the correct application of the Vento guidelines. Where an employment tribunal upholds a discrimination claim, it may order the employer to pay the employee compensation for any injury to feelings they have suffered. Compensation for injury to feelings is assessed by reference to three compensation bands. known as the Vento Guidelines. In this case, the claimant began work as an accountant-cum-bookkeeper for a small property development company in October 2020. Around six months later, in March 2021, the claimant rang in to work sick. She spoke with the director and told him she felt unwell with morning sickness. The next day, without notice, the employer reduced the claimant's working hours to two days a week. In September 2021, The employer sent the claimant a letter saying she had been provisionally selected for redundancy and she was eventually made redundant on 31 September 2021. The claimant brought a claim of pregnancy discrimination. The employer defended this claim, denying it knew the claimant was pregnant and alleging performance and conduct issues on her part. The tribunal upheld the claim and held that the reduction in the claimant's hours of work and her subsequent dismissal were both acts of pregnancy-related discrimination. The tribunal made an injury to feelings award of £5,000 and the claimant appealed the level of award as she felt it was too low. The Employment Appeal Tribunal upheld the appeal, finding that the tribunal had made errors in its approach to assessing the injury to feelings award. In particular, it had failed to identify the evidence given by the claimant about the injury to feelings she suffered as a result of the discrimination. It failed to make any findings of fact about the injury to feelings she suffered. or to refer to the Vento guidelines, or any statutory provision or case authority relevant to assessing injury to feelings, and it failed to identify the relevant compensation band, and to state which band the injury to feelings fell within, or to explain why the award was set as it was within that particular band. This claim involved pregnancy discrimination over a six-month period, culminating in the claimant's dismissal in a sham redundancy process, and saw her subsequently facing false assertions regarding her conduct and performance. It was therefore inexplicable that the Tribunal had, without explanation, placed the claim in the middle of the lowest Vento band and a fresh Tribunal will now reconsider appropriate compensation. In deciding this case, the Employment Appeal Tribunal gave clear guidance for Tribunals on the correct application of the Vento Guidelines. It advised that taking a step-by-step approach tribunals should generally identify the discriminatory treatment for which an award of injury to feelings is to be made. It should hear evidence from the claimant about any injury to feelings caused by the discriminatory treatment. Make findings of fact about the injury to feelings suffered by the claimant because of the discriminatory treatment and identify the relevant guidelines applicable to the award. It should also state the band in which the injury to feelings award falls, explain why the injury to feelings falls within that band, and explain where within the band the Injury to Feelings Award falls and why the specific award was made. While it is not necessarily an error of law for a tribunal to fail to expressly consider each of these matters, it will usually be helpful to do so, and it will minimise the risk that the Employment Appeal Tribunal will conclude that the tribunal failed to properly identify or apply the correct legal principles. The Employment Appeal Tribunal also made additional points about the assessment of Injury to Feelings Awards. advising that tribunals may wish to consider whether it is of assistance to consider awards in similar reported cases, and noting that tribunals can consider as relevant factors any impact on the claimant from the respondent's conduct of the litigation, including any false assertions it has made in the ET3, and any threatening messages it has sent to a claimant, and that the financial resources of the respondent are not relevant to the assessment of injury to feelings awards. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
Description
The EAT was asked to determine if an award in the lowest Vento band was appropriate in circumstances where an employee had been subjected to pregnancy-related discrimination over a 6-month period culminating in her dismissal. Listen along to find out what happened!
Hosted on Ausha. See ausha.co/privacy-policy for more information.
Transcription
Today in the Lefevre HR and Employment Law podcast, we're discussing the Employment Appeal Tribunal's judgment in the case of Shakil and Samsons Limited, in which it gave useful guidance on the correct application of the Vento guidelines. Where an employment tribunal upholds a discrimination claim, it may order the employer to pay the employee compensation for any injury to feelings they have suffered. Compensation for injury to feelings is assessed by reference to three compensation bands. known as the Vento Guidelines. In this case, the claimant began work as an accountant-cum-bookkeeper for a small property development company in October 2020. Around six months later, in March 2021, the claimant rang in to work sick. She spoke with the director and told him she felt unwell with morning sickness. The next day, without notice, the employer reduced the claimant's working hours to two days a week. In September 2021, The employer sent the claimant a letter saying she had been provisionally selected for redundancy and she was eventually made redundant on 31 September 2021. The claimant brought a claim of pregnancy discrimination. The employer defended this claim, denying it knew the claimant was pregnant and alleging performance and conduct issues on her part. The tribunal upheld the claim and held that the reduction in the claimant's hours of work and her subsequent dismissal were both acts of pregnancy-related discrimination. The tribunal made an injury to feelings award of £5,000 and the claimant appealed the level of award as she felt it was too low. The Employment Appeal Tribunal upheld the appeal, finding that the tribunal had made errors in its approach to assessing the injury to feelings award. In particular, it had failed to identify the evidence given by the claimant about the injury to feelings she suffered as a result of the discrimination. It failed to make any findings of fact about the injury to feelings she suffered. or to refer to the Vento guidelines, or any statutory provision or case authority relevant to assessing injury to feelings, and it failed to identify the relevant compensation band, and to state which band the injury to feelings fell within, or to explain why the award was set as it was within that particular band. This claim involved pregnancy discrimination over a six-month period, culminating in the claimant's dismissal in a sham redundancy process, and saw her subsequently facing false assertions regarding her conduct and performance. It was therefore inexplicable that the Tribunal had, without explanation, placed the claim in the middle of the lowest Vento band and a fresh Tribunal will now reconsider appropriate compensation. In deciding this case, the Employment Appeal Tribunal gave clear guidance for Tribunals on the correct application of the Vento Guidelines. It advised that taking a step-by-step approach tribunals should generally identify the discriminatory treatment for which an award of injury to feelings is to be made. It should hear evidence from the claimant about any injury to feelings caused by the discriminatory treatment. Make findings of fact about the injury to feelings suffered by the claimant because of the discriminatory treatment and identify the relevant guidelines applicable to the award. It should also state the band in which the injury to feelings award falls, explain why the injury to feelings falls within that band, and explain where within the band the Injury to Feelings Award falls and why the specific award was made. While it is not necessarily an error of law for a tribunal to fail to expressly consider each of these matters, it will usually be helpful to do so, and it will minimise the risk that the Employment Appeal Tribunal will conclude that the tribunal failed to properly identify or apply the correct legal principles. The Employment Appeal Tribunal also made additional points about the assessment of Injury to Feelings Awards. advising that tribunals may wish to consider whether it is of assistance to consider awards in similar reported cases, and noting that tribunals can consider as relevant factors any impact on the claimant from the respondent's conduct of the litigation, including any false assertions it has made in the ET3, and any threatening messages it has sent to a claimant, and that the financial resources of the respondent are not relevant to the assessment of injury to feelings awards. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
Share
Embed
You may also like
Was a dismissal fair when a note taker and investigating officer were also witnesses?
ICO sets out expectations for organisations using automated decision-making for hiring decisions
Did the merger of NHS commissioning groups gave rise to a TUPE transfer?
Extension of adequacy decisions on transfers from EEA
