This advice applies to Scotland. Change country
Employment tribunals - working out compensation for discrimination
If your discrimination claim is successful, the tribunal will order your employer to pay you compensation for the money you've lost because of the discrimination. You may also get extra compensation for the mental or physical effect it's had on you.
Before making a claim, it's important to work out how much compensation you'd be likely to get if your claim were to succeed. This will help you to decide if it's worth continuing with your claim.
It can also help you know what compensation figure it would be reasonable to settle for if you're negotiating with your employer and want to avoid going to a tribunal.
What compensation can a tribunal order your employer to pay you for discrimination?
If your discrimination claim succeeds, the tribunal can order your employer to pay you compensation for:
- any money you've lost because of the discrimination
- injury to your feelings. This is hurt or distress you've suffered because of the discrimination
- a personal injury, such as stress or depression, that you can show has been caused by the discrimination
- aggravated damages (England and Wales only). This is compensation the tribunal can order your employer to pay you if they've behaved in a particularly malicious or insulting way towards you. This could be either during the period when the discrimination took place or when your employer was defending your tribunal claim. Aggravated damages are not available in Scotland but the injury to feelings award can include compensation for these types of behaviour
- interest on all the above payments.
- More about assessing compensation for injury to feelings
- More about assessing aggravated damages
- More about assessing compensation for personal injury
- More about interest on discrimination compensation
- More about how welfare benefits affect compensation payments
- More about finding another job to try to keep your financial losses as low as possible
Other useful information
Equality Advisory Support Service (EASS)
If you have experienced discrimination, you can get help from the EASS discrimination helpline.
Equality and Human Rights Commission (EHRC)
- You can find useful information about discrimination on the EHRC website at www.equalityhumanrights.com