Defining detriment

[LorettaBemused]

Hello,

 

could anyone clarify what tribunals might consider a detriment and/or injuries to feelings? Is it clearly defined somewhere? For example, if I said that the outcome/conclusion of an internal hearing was unreasonable - could I say that was a detriment to me (and upset me)?

[steampowered]

What is the context?

[Emmzzi]

Did you have an actual cash loss anywhere?

 

And as above what is the context of "hurt feelings"?

[becky2585]

Briefly, a detriment amounts to less favourable treatment in discrimination claims, potentially using a comparator who doesn't share the same protected characteristic (or share the same other relevant circumstances but who was treated more favourably in the same situation).

 

Injury to feelings can only be claimed under Vento guidelines for discrimination or whistle blowing claims.

[LorettaBemused]

Thanks for the advice beck2585,

 

mine is a constructive dismissal claim. I have been invited to a case management discussion and asked to outline out the legal points on which I am relying. I can't find any legislation that relates to constructive dismissal. Is there any? (Sorry if it's a silly question!).

[becky2585]

Section 95(1)© Employment Rights Act 1996 for CD. Is any discrimination involved?

[LorettaBemused]

Thanks Becky2585,

 

there is no race or sex discrimination involved.

 

Things have been bad at work for me for a while. The organisation is going under a restructure and I had requested HR information relating to other roles in the team I worked in as there were lots of disagreements about job responsibilities. .

 

From email threads I have got since, I know that management were reluctant to give me the information because they thought it might break data protection guidelines. Despite their concerns, they handed over most of the information - then accused me of breaking data protection law. They then started an investigation that they soon halted and closed without explanation. They wouldn't discuss it with me. That was enough for me to pack my bags. Far too much unwarranted hassle and stress for far too long, it was making me ill. Enough is enough.

[LorettaBemused]

Briefly, a detriment amounts to less favourable treatment in discrimination claims, potentially using a comparator who doesn't share the same protected characteristic (or share the same other relevant circumstances but who was treated more favourably in the same situation).

 

Injury to feelings can only be claimed under Vento guidelines for discrimination or whistle blowing claims.

 

Ta for that info. becky2585.

 

I have taken some legal advice and I might try to change my claim a bit.

 

What is the legal standing/status of 'injury to feelings' in discrimination cases - i.e. can injury to feelings equal a detriment (of sorts) in the Tribunal's eyes?

 

 

• For example - the company decided to not pay me a christmas bonus this year = detriment.
  
• I was very upset when I found this out (as it meant I couldn't get the kids all the prezzies they wanted) = injury to feelings = a 2nd detriment?
  

Can anyone recommend any useful websites I can go to to understand vento guidelines in detail?

[becky2585]

Ta for that info. becky2585.

 

I have taken some legal advice and I might try to change my claim a bit.

 

What is the legal standing/status of 'injury to feelings' in discrimination cases - i.e. can injury to feelings equal a detriment (of sorts) in the Tribunal's eyes?

 

 

• For example - the company decided to not pay me a christmas bonus this year = detriment.
  
• I was very upset when I found this out (as it meant I couldn't get the kids all the prezzies they wanted) = injury to feelings = a 2nd detriment?
  

Can anyone recommend any useful websites I can go to to understand vento guidelines in detail?

 

"Injury to Feelings" is just the name for the type of compensation which is awarded in discrimination cases. It's not awarded for each act, but the tribunal will look at the extent to which your feelings were hurt as a result of the treatment and will try to convert that into a cash equivalent.

 

The awards are £600 to £6,000 for one off incidents or less serious cases, £6,000 to £18,000 for a series of acts but one which doesn't merit an award in the top band of £18,000 to £30,000, which is reserved for the more serious discrimination cases.

[steampowered]

You say there was no race or sex discrimination. Was there some other sort of discrimination due to a characteristic protected by the Equality Act 2010?

 

You need to be careful here. You will not be awarded damages for injury to feelings if this is simply a constructive dismissal claim. Being treated less favourably than other employees does not make it a discrimination claim, the discriminination has to be because of a protected characteristic such as age, gender, sex or race.

[becky2585]

You say there was no race or sex discrimination. Was there some other sort of discrimination due to a characteristic protected by the Equality Act 2010?

 

You need to be careful here. You will not be awarded damages for injury to feelings if this is simply a constructive dismissal claim. Being treated less favourably than other employees does not make it a discrimination claim, the discriminination has to be because of a protected characteristic such as age, gender, sex or race.

 

True - I didn't see the earlier post. Also note the above re whistle blowing claims!

 

The protected characteristics (which as SP says, you MUST be claiming in relation to) are age, race, disability, sex, sexual orientation, gender reassignment, marital status, religion or belief or pregnancy or maternity.

[LorettaBemused]

Thanks for the help steampowered and becky2585,

 

from what you have told me so far I think I need to sit down and take further legal advice before I end up messing things up. Thanks for pointing the way..