Equal Opportunities Review
by Philip
Michael Rubinstein Publishing publish a handy booklet called Equal Opportunities Review. In June’s edition they have a summary of 2008 discrimination cases heard by Tribunals.
This is very useful as it allows practitioners to remind their clients, both Claimant and Respondent that large Tribunal awards for discrimination are outliers ie they are statistically possible but unlikely events.
Key points:
Average/ Median Compensation Awards in 2008
Age Discrimination £15080/4503
Disability £21,339/£8000
Race £18200/£6325
Sex Discrimination £13312/£9109
Sexual Orientation £33,724/£6364
Combined £37655/£26014
What the numbers tell us is that the one off large 6 figure award do inflate the average. With regard to the median of the 189 successful Sex Discrimination claims 95 were awarded less than £9109. Of the 31 successful Age Discrimination claims 15 were less than £4503
Similarly the average injury to feeling award was £6612 and the median £4800
The total award figure (compensation and injury to feelings) also illuminates. Sex Discrimination for example of the 189 successful claims 79.3% were awarded a total award of between £0 and £19,999.00
Costs were only awarded in 9 cases. In one a Claimant was successful in having the costs of a Grade A fee earner allowed on the basis that: ” With the Respondent conducting their case in such a devious manner, nothing less than a Grade A fee earner would have been appropriate to deal with it.” Ouch!
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Not only is the difference between averages and medians interesting here, but also the differences between categories. All discrimination is heinous, but as a layperson I find it strange that the compensation for sexual orientation is approximately 6 times that for race discrimination.
Am I missing the obvious?
Gary said at June 25th, 2009 at 10:28 am
New jurisdictions take time to bed in - Sexual Orientation is a relatively new jurisdiction.
It will take time for workers to enforce their rights.
Possibly the UK is more tolerant of people’s sexual preferences. Comedy has had a number of outrageously camp performers from the 70s onwards - John Inman “I’m free” to the only gay in the village. This has made non norm preferences normal.
Philip said at June 25th, 2009 at 9:25 pm
Sexual Orientation had fewer cases but bigger awards thereby inflating the average/median.
Philip said at June 25th, 2009 at 9:27 pm