This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to remedies for discrimination claims under the Equality Act 2010 in England and Wales, explaining declarations, compensation for financial loss and injury to feelings, personal injury, aggravated damages, tribunal recommendations, interest and practical guidance for claimants.
When an individual successfully brings a discrimination claim under the Equality Act 2010 in England and Wales, an employment tribunal has a range of remedies it can award to put the claimant in the position they would have been in had the unlawful act not occurred and to address the harm caused by discrimination. These remedies are designed to compensate for financial losses, emotional impact and to encourage positive change in the respondent's behaviour and policies. Remedies differ from those in unfair dismissal claims, as discrimination compensation can include injury to feelings and other specific heads of loss. Understanding the available remedies helps claimants prepare their case and evidence and sets realistic expectations of potential outcomes.
1. Declaration of Rights
A cornerstone remedy for successful discrimination claims is a declaration of rights. This formal order sets out the legal finding that the respondent has breached the Equality Act 2010 and outlines the rights of the claimant and the respondent in relation to the discriminatory conduct found by the tribunal. A declaration does not carry financial compensation on its own but establishes the tribunal's factual and legal findings.
2. Compensation Awards
Compensation Principles
When a tribunal finds in favour of a discrimination claimant, it may award compensation which the tribunal considers just and equitable in all circumstances. There is no statutory upper limit on discrimination compensation in employment claims. Compensation is assessed on a similar basis to tortious damages - the aim is to restore the claimant to the position they would have been in, so far as money can achieve that, had the discrimination not occurred.
Tribunals may award compensation against the employer and, where appropriate, against individual respondents responsible for the discriminatory conduct.
Financial Loss
Financial loss covers actual and projected monetary losses stemming directly from the discrimination, including:
- Loss of earnings: wages and bonuses lost as a result of discriminatory dismissal, failure to promote, or other acts affecting pay and prospects.
- Loss of benefits: pension contributions, health benefits, travel allowances and similar contractual entitlements.
- Out‑of‑pocket expenses: costs directly spent as a result of the discrimination.
A claimant is expected to mitigate financial loss where reasonable - for example, by seeking comparable employment if unfair dismissal flows from the discrimination.
Injury to Feelings
One remedy that distinguishes discrimination claims from many other employment cases is compensation for injury to feelings. This compensates a claimant's emotional impact, distress, insult, humiliation and anxiety arising from the discriminatory act. Tribunals assess this separately from financial loss.
The well‑known Vento bands guide tribunals in quantifying injury to feelings awards. As of April 2025, the updated Vento bands are:
- Lower band: approximately £1,200 to £12,100 for less serious cases.
- Middle band: approximately £12,100 to £36,400 for moderately serious cases.
- Upper band: approximately £36,400 to £60,700 for the most serious cases, with exceptional cases exceeding this.
These figures are subject to Presidential Guidance and may be uprated over time.
Personal Injury and Aggravated Damages
In addition to injury to feelings, tribunals can award compensation for personal injury (including recognised psychiatric injury) where discrimination has caused a medically recognised condition. Evidence typically includes a medical or psychological report linking the discrimination to the injury.
Aggravated damages may be awarded in cases where the respondent's conduct has been particularly high‑handed, malicious, insulting or oppressive. These are less common, but reflect additional harm caused by how the respondent acted before, during or after the discriminatory conduct.
Interest on Compensation
Tribunals may award interest on compensation to reflect the time between the discriminatory act and the tribunal's decision, or, where payment is delayed, from the date of the tribunal's award. Interest helps compensate for the delay in receiving funds. Section 139 of the Equality Act 2010 provides the relevant statutory basis for interest awards.
3. Recommendations
A tribunal may make recommendations requiring the respondent to take specific action within a defined period to remove or reduce the adverse effects of discrimination on the claimant. Recommendations can include:
- offering a reference or letter of apology;
- revising internal policies or procedures;
- reinstating or re‑engaging a dismissed employee if appropriate.
Recommendations aim to improve future practice and help repair the impact of discrimination, particularly when the claimant remains or hopes to remain in the workplace.
4. Wider Recommendations and Enforcement
Under earlier practice, tribunals could make recommendations for the benefit of the wider workforce, such as improved training or updated equality policies. This power has been subject to reform, and claimants should check current tribunal rules to see whether wider recommendations remain available in their type of claim.
If an employer fails to comply with a recommendation made for the benefit of the claimant, tribunals have discretion to award or increase compensation as a consequence.
5. Ancillary Remedies and Costs
Although tribunals award costs only in limited circumstances in employment cases, they may order costs against a party who has acted unreasonably. However, costs orders are not the norm in discrimination claims and are considered on a case‑by‑case basis.
Additionally, remedies relating to other statutory rights - such as unlawful deduction from wages or unfair dismissal - may be claimed concurrently with discrimination, subject to separate statutory tests and remedies, and can be included in a claimant's overall schedule of loss.
Practical Considerations
Preparing a Schedule of Loss
A schedule of loss is a key document in discrimination claims, setting out claimed financial losses, injury to feelings, personal injury and interest. Claimants should list amounts clearly and support them with evidence of loss.
Medical Evidence and Witness Statements
For injury to feelings and personal injury awards, detailed evidence from medical professionals, witnesses, family or others familiar with the claimant's experience can strengthen the claim.
Mitigation and Acas Code Uplift
Claimants must take reasonable steps to mitigate financial loss, such as seeking alternative employment after dismissal. Failure to mitigate may reduce the award. Tribunals may also uplift awards by up to 25% for unreasonable failure by the respondent to adhere to the Acas Code of Practice on Disciplinary and Grievance Procedures.
Summary
Remedies for discrimination claims in England and Wales encompass declarations of rights, compensation for financial loss, injury to feelings, personal injury and aggravated damages, and tribunal recommendations to address adverse effects. Compensation awards are assessed without a statutory cap and aim to reflect both pecuniary losses and emotional harm. Interest on awards and uplift for failure to follow the Acas Code can further affect compensation. Practical preparation, including a comprehensive schedule of loss and supporting evidence, is critical to securing appropriate remedies. Claimants should understand these remedies and work with legal advisers to effectively present their case and maximise the remedy within the tribunal's statutory framework.
