Interest on tribunal awards, and the separate regime which applies to discrimination compensation. Marshall v Southampton and South-West Hampshire Area Health Authority (No.2).
Remedies; interest; injury to feelings; Vento bands. The Interest on Awards in Discrimination Cases Regulations 1996 require a tribunal to consider interest whether or not a party has applied: it was not correct for the tribunal to record the absence of an application in support of awarding none [10]-[11]. Nor could it say that calculation was impossible: a tribunal must do the best it can on the information before it, especially where the respondent's record-keeping caused the difficulty [12]. That was an error of law [13]. Placing injury to feelings near the top of the lower band disclosed no error: the tribunal had directed itself to the actual injury suffered, not the gravity of the respondent's acts [17], and it is not the case that only one-off incidents fall within the lower band [19]. Appeal allowed in part: the EAT substituted GBP 12,757, including an agreed Simmons v Castle uplift of GBP 840 and interest of GBP 3,517 [20]-[22].