Features of compensation for moral damage to an employee under the law of England

Abstract

The purpose of the study is to examine and analyze the peculiarities of moral damage compensation in general and within the framework of labor relations in particular, with the aim of studying the positive experience of a leading European country and the possibility of its further implementation into Ukrainian legislation. It is established that the English legal system compensates both material (pecuniary) damages and moral (non-pecuniary) damages. The latter, in turn, include: pain and suffering; loss of well-being; physical injuries; social discredit; mental disorder. A traditional criterion for compensation in this country is the difference in the claimant’s situation before and after the damage, which applies to both material and non-material losses. However, due to the imprecision of such an assessment, fair satisfaction is usually applied. It is determined that a claimant can seek compensation for moral damage within the framework of labor relations only in cases of workplace discrimination. The Equality Act 2010 prohibits workplace discrimination based on certain characteristics, known as «protected characteristics». These include: age, disability, gender (including gender reassignment), marriage (including civil partnership), pregnancy and maternity, race, religion or belief, and sexual orientation. In cases of unlawful behavior by an employer and the inability to resolve the issue directly with him (her), an individual has the right to file a claim with the Employment Tribunal, which may award compensation for emotional distress even in the absence of financial losses. A Schedule of Loss is a key document in every discrimination case, prepared by the claimant and submitted to the Tribunal before the case hearing. The Tribunal determines the amount of compensation for moral damage within the so-called «Vento bands»