Assessing Quantum in Discrimination Cases: An Analysis of the Vento bands – Becket Chambers
‘Claims for discrimination are largely covered by the Equality Act 2010, the two most common forms of discrimination being direct and indirect. Direct discrimination is defined in the Act as one person treating another less favourably than he would others due to a protected characteristic (those characteristics being defined as age, disability, gender reassignment, marriage and civil partnership, religion or belief, sex, sexual orientation or pregnancy and maternity), whilst indirect discrimination is defined as a person applying a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of another. Generally, the primary outcome of discrimination (direct or indirect) is injury to feelings to the person who has been discriminated against.
The question which arises when a claim is made for injury to feelings as a result of discrimination is how damages can be quantified, given its non-tangible nature. How can I make a claim for my feelings being hurt and, if successful, what could I be awarded?’
Becket Chambers, 11th March 2025
Source: becket-chambers.co.uk
