Compensation for injured feelings

Melia v Magna Kansei Ltd CA TLR 14 November

The assessment of an award of compensation for injured feelings to a whistle-blower under s47B of the Employment Rights Act 1996 who, having made a protected disclosure, suffered a detriment, can include the entire period up to the date of termination of the employment. Although the Act does not contain provisions enabling an employment tribunal to award interest, the absence of those provisions does not prevent a tribunal making a fair compensatory award. Where deduction is made for accelerated payment, it is just and equitable under s123 of the Act that there should be an increase or premium at the same rate in respect of delayed payment.