Lawson-West obtained more than a 50% increase to an injury to feelings award made to a victim of maternity discrimination
After proving a case of maternity discrimination, Lawson-West obtained an award of £10,000 for the Claimant’s injury to feelings award, which then increased by more than 50% to £15,332.19 because of uplifts and interest.
In Naraine v. Smart Medical Clinics Ltd the Respondent had denied it had dismissed the Claimant i) because of the Claimant’s pregnancy; ii) because of the Claimant’s pregnancy-related illness; and iii) because she was seeking to exercise her right to maternity leave.
The barrister instructed for the Claimant, Nicholas Bidnell-Edwards, proved that the dismissal of the Claimant was for all three reasons.
At the remedies’ hearing in August, Mr Bidnell-Edwards sought a middle level Vento award, an uplift for breach of the ACAS Code, together with interest applied to the whole of the uplifted sum.
Employment Judge Elliott awarded a middle Vento band award of £10,000.00 before granting the full 25% uplift for breach of the ACAS Code, and accepting that interest at the rate of 8% applied to the entire, uplifted sum from the date of discrimination.
This led to a more than 50% increase of the original award for injury to feelings amounting to £15,332.19. The Claimant also recovered loss of earnings with interest so that the final total awarded was £29,821.36.