Guidance notes on Discrimination Compensation

Guidance notes on compensation for discrimination

These guidelines explain how the tribunal calculates compensation when it finds that a complainant has been discriminated against contrary to the provisions of the Discrimination (Jersey) Law 2013 (the “Discrimination Law”).

Time limit

Article 37 of the Discrimination Law says that complaints of discrimination must be made to the tribunal within 8 weeks of the act of discrimination. The use of the word “within” means time expires eight weeks minus a day beginning with the date of the act.

Where there is more than one respondent named on the Claim Form there must be a complaint that is in time in relation to each respondent. If there is no in-time claim against a respondent the claim against that respondent will be rejected by the tribunal.

A discriminatory act which extends over a period is treated as done at the end of the period (Article 37(3)(a)).

Where an act consists of a failure to do something that failure is to be treated as occurring when the person in question decided on it (Article 37(3)(c)).

The time limit for making the complaint can be extended for a reasonable period where it was not reasonably practical to make the application within the 8-week time limit. The 8-week time limit is strictly enforced. Claimants should do everything possible to ensure that their Claim Form is submitted within the 8-week time limit.

Remedies

Article 42 of the Discrimination Law says that where a complaint of discrimination is successful the tribunal may do one or more of three things:

1. make a declaration;
2. order the payment of compensation for financial loss and hurt and distress; and/or
3. recommend that the respondent takes certain action to reduce the effect of the discrimination on the claimant. 

Compensation

Article 42 says that the maximum compensation that can be awarded for a complaint of discrimination is £30,000 or 52 weeks’ pay whichever is the lower.

Article 42 has been interpreted by the tribunal to mean that there can be multiple complaints of discrimination within one Claim Form. For example, if there is an act of harassment six weeks before the Claim Form is submitted and the claimant is dismissed one week before the Claim Form is submitted the tribunal can make two awards of compensation.

The tribunal can only award compensation for a complaint of discrimination that is in time. This means that if the claimant alleges two acts of discrimination one three months before the Claim Form is submitted and one six weeks before the Claim Form is submitted the tribunal will only be able to make one award of compensation.

Where an act of discrimination extends over a period ending within the limitation period the tribunal will only be able to make one award of compensation.

Where there is more than one respondent that is found liable for an act of discrimination the tribunal can apportion the award between the respondents.

Compensation is made up two parts, financial loss and hurt and distress.

Financial loss

Compensation for financial loss aims to put you in the same position you would have been if the act of discrimination had not happened. It could include loss of wages if you were dismissed for a discriminatory reason. You are expected to minimise (mitigate) your loss by trying to find another job.

If you have made both an unfair dismissal and discrimination claim you will not be compensated twice for the same loss. In other words, if you receive the wages you have lost as part of the unfair dismissal compensation you will not be awarded that wage loss again as part of your discrimination compensation.

You should explain on the Claim Form how your claim for financial loss has been calculated. When you submit your evidence for the Final Hearing you must include evidence that proves the financial loss you have suffered. For example, if you have been dismissed include evidence of what you were earning before the dismissal, any social security payments received, your efforts to find another job and your earnings since dismissal.

For guidance on calculating a week’s pay please follow the link below to the Jersey Advisory and Conciliation Service website:

Calculating a Week's Pay - JACS

Hurt and distress

Article 39 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016 sets out four things the tribunal may consider when deciding how much compensation to award for hurt and distress:

1. the extent to which there has been a campaign of discrimination or harassment;
2. whether the discrimination caused the person to lose his or her job;
3. the seriousness of the discrimination; and
4. the length of time that the discrimination continued.

Things that can be compensated for as hurt and distress include subjective feelings of upset, frustration, worry, anxiety, mental distress, fear, grief, anguish, humiliation, unhappiness, stress and depression.

The tribunal divides cases into three bands. The top band of £20,000 to £30,000 only applies in the most serious of cases such as where there has been a lengthy campaign of discriminatory behaviour.

The middle band of £5,000 to £20,000 is used for serious cases which do not merit an award in the highest band.

Awards in the lowest band of up to £5,000 are appropriate for less serious cases, such as where the act of discrimination is an isolated or one-off event. In appropriate cases the tribunal may award no compensation or a nominal amount.

There is considerable flexibility in each band allowing the tribunal to fix fair, reasonable and just compensation in each case. A single act of discrimination can lead to an award in the highest band depending on the nature of the act.

 

Updated 16 September 2025