heres more
http://www.newsoftheworld.co.uk/2505_sex_swap_para.shtml Is there more to the £250,000 settlement than purely injury to feelings? In determining injury to feelings, tribunals apply the Vento Guidelines. Below is an extract from the EOC website www.eoc-law.org.uk/Def...3021#1764:
Range of awards for injury to feelings
As explained above, an award for injury to feelings is not automatic, so it is possible that no award will be made at all. But this is extremely unusual. The bigger problem is knowing how much an ET might award in a particular case. In 2003, the Court of Appeal finally laid down guidelines in the case of Chief Constable of West Yorkshire Police v Vento (No 2) [2003] IRLR 102; 114 EOR 27. The guidelines apply to awards for injury to feelings, but not to compensation for injury to health, e.g. psychiatric injury.
The Court of Appeal set out three bands of compensation for injury to feelings:
a top band, normally between £15,000 and £25,000, for the most serious cases, e.g. a lengthy campaign of harassment. Only in the most exceptional case should an award for injury to feelings exceed £25,000
a middle band between £5000 and £15,000 for serious cases which do not merit the top band
a lower band of £500 - £5000 for less serious cases, e.g. where the act of discrimination is an isolated or one-off occurrence. Awards less than £500 should generally be avoided altogether
In practice, few awards are made below £750. Some awards higher than £25,000 were made prior to the Vento (No 2) guidelines, but such high awards will now be rare for the injury to feelings element alone. Nevertheless, substantial extra sums may be awarded where there is injury to health (see below), although the ET must take account of the overall size of the award under the headings: injury to feelings, aggravated damages and injury to health.
In Ms Vento's own case, for example, the ET awarded £50,000 for injury to feelings, £15,000 for aggravated damages and £9000 for psychiatric injury. The Court of Appeal reduced this to £18,000 for injury to feelings, £5000 for aggravated damages and £9000 for psychiatric injury, making a total of £32,000. The award is still very high because of the finding that Ms Vento had suffered serious injury to feelings and psychiatric damage in the form of clinical depression and adjustment disorder lasting for 3 years.
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