The Claimant won her claim of pregnancy-related discrimination, the ET finding that the Claimant had had her hours of work reduced without notice, was subject to a sham redundancy process and false assertions of lack of capability and misconduct. Amongst other heads of loss, the ET awarded her £5,000 for injury to feelings. The Claimant appealed, arguing that the award had not been properly assessed or reasoned.

The EAT allowed the appeal. The analysis of the ET was wholly inadequate. The ET had not: identified the evidence given by the Claimant about the injury to feeling she suffered as a result of the discrimination; made any findings of fact about the injury to feelings suffered by the Claimant; referred to Vento; referred to any statutory provision or authority relevant to assessing injury to feelings; identified the relevant bands for the claim in Presidential Guidance; stated which band the injury to feelings fell within; or explained why the award was set as it was within the band. The EAT judgment contains a useful aide memoire when considering injury to feelings awards.