Care needs to be taken in considering any limits on compensation levels for discrimination cases – see Next steps in review of employment law. Few people will escape without ever experiencing some level of employer discrimination during their lifetime. Often the only compensation needed is an apology and agreed steps to rectify the situation.

Compensation awards through Employment Tribunals should be reserved for the most serious cases. Award levels should be decided on a case-by-case basis and not against
a limited or capped sliding-scale of penalties that make offending employers feel comfortable. Mechanisms must be in place to filter out any “weak, speculative or vexatious cases” because this is necessary to protect both honest employers and the British taxpayer. And employers need to feel confident that weak cases will be filtered out and will
not result in them being taken-to-the-cleaners. But if you are an employer and discriminate significantly against anyone, why should you enjoy the privilege of “certainty”? After all, the impact of your discrimination had no certainty.