One of the most notorious Employment Tribunals in the public eye came to a conclusion recently. Jeremy Clarkson settled a £100,000 racial discrimination and personal injury claim brought against him by his former Top Gear producer Oisin Tymon. Both the employer, being the BBC, and the employee, being Clarkson, paid part of Tymon’s significant settlement.
This is an important case for employers, demonstrating that they have responsibility for the actions of their employees. While Clarkson was at fault for the incident, the BBC was still considered to hold a duty of care to Tymon.
However, attention-grabbing headlines such as this can often cause confusion for individuals considering an Employment Tribunal as to what they are able to claim. It is important for people to understand the potential caps that gauge how settlements are determined.
Understanding Award Tiers at Tribunal
Whilst over £100,000 can be considered excessive compared to the average Employment Tribunal claim for race discrimination, it is important to note that there are often caps on the amount that can be paid or even guidelines that the Tribunal is to consider. For example a 2011 review of Employment Tribunal awards confirmed that the average race discrimination award was only £18,584.
When considering whether to issue a claim for race discrimination or any other type of discrimination it is always important to consider the legal relevance under the Equality Act 2010 and in particular whether the employer or employee before can pay any award. There is an old saying to never sue a man of straw and the same can be said for the Employment Tribunal.
There are then three levels of compensation that the Tribunal would look at. These are:
· £16,000 and above
Therefore it is important always to ensure that you have your claim individually assessed with regards to the potential to seek compensation. Our solicitors in Essex will advise you on the strength of your case, and act on your behalf to attain the compensation you deserve at Tribunal.
Call 01702 477106 to arrange a free, 30-minute compensation. Alternatively, you can get in touch on Facebook, Google+, Twitter, LinkedIn and Instagram.