Here is a mildly disconcerting decision issued by the Employment Appeal Tribunal about the calculation of compensation for injury to feelings in discrimination cases. Mr Komeng was found by the ET to have been serially and directly discriminated against by his employer, Creative Support Limited, in relation to opportunities for personal and professional development and the obligation to work at weekends. Despite this, he had soldiered on and remained employed by CSL up to and through the ET and EAT hearings. Mr Komeng’s injury to feelings was assessed by the ET as at the top of the lowest Vento band, which by the terms of that case is reserved for “ less serious cases, such as where the act of discrimination is an isolated or one-off occurrence “. That was worth £8,400 at the time, though interest and inflation lifted this to a little shy of £13,000. Komeng appealed – how could a number of years’ direct discrimination against him (so h...
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