13.4 Discrimination

For an employee or worker to bring a claim for discrimination they do not need to have left employment. Indeed, where the discrimination occurred during the recruitment process, they do not need to have started work in the first place.

Compensation for discriminatory conduct is also based on net losses (although without a statutory cap) and in addition a tribunal may award an amount for injury to the individual’s feelings, which will depend on the severity of the injury. Individuals who discriminate may be held personally liable and ordered to pay compensation to a claimant. Damages may also be reduced or increased for a failure to comply with a disciplinary and/or grievance procedure.



This publication is intended for general summary guidance. It is not and should not be considered legal advice. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.