The employee was awarded £10,000 in respect of her sex discrimination and harassment claims. The EAT considered that the award was made after 1 April 2013 and followed the case of Simmons v Castle which laid down the rule in respect of general damages. The EAT has held that the Tribunal erred in finding that the injury to feelings award fell into the middle band of the Vento guidelines. These guidelines set down three bands under which compensation may fall depending on the nature of the discrimination. There was one incident of sexual harassment which could be classified as “mild”. The employee said that the harassment made her feel “very” uncomfortable. The EAT substituted an award for £6,000 which taking into account the 10% increase amounted to an award of £6,600 for injury to feelings.

Employees would do well to ensure that complaints are raised in writing rather than orally as it is clear that this can have an effect on any resulting compensation. It also provides less scope for employers to let grievances slip through the net.