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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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As a whistle-blower that is still employed by the company

Resolved Question:

As a whistle-blower that is still employed by the company but is taking the company for detrimental treatment which affected their health and for not providing the safe working enviroment to employment tribunal. Can the employee claim the following in their schedule of loss and what is the maximum amount?
1Injury to feelings
2Aggravated damages
3Personal and Psychiatric damages
4Reputation, stigma and defamation damage
5Vicarious liability
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, there is no upper limit on the amount of compensation that can be awarded in detriment cases for whistleblowing. In terms of what you can claim for it includes the following:

{C}· Career loss and stigma - future loss of earnings, on the basis that the employee may not realistically be able to find future employment in their industry, or at a similar level of seniority or remuneration. This will not include defamation damages, it will need to be done as a separate claim.

{C}· Injury to feelings - this is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:

{C}a) Lower band - for less serious cases, for example an isolated incident or event (£600 - £6,000)

{C}b) Middle band - for serious cases which are not serious enough to fall within the highest band (£6,000 - £18,000)

{C}c) Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£18,000 - £30,000)

{C}· Aggravated and exemplary damages – these are rarely given, but can be awarded where the respondent has intentionally behaved in a "high-handed, malicious, insulting or oppressive manner".

{C}· Personal injury – to be able to claim for things like psychiatric damage you must be able to show that you have actually suffered a recognised psychiatric illness because of this and also it is unlikely that such compensation on its own will be covered by a tribunal as it may have to be done as a separate personal injury claim in the county court.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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