No injury to feelings in equal pay claims

There is no entitlement to an award for injury to feelings in a claim for equal pay.

After hearing the appeals from two conflicting tribunal decisions, the Employment Appeal Tribunal confirmed that an equal pay claim is based on contract - and contractual claims, except in rare circumstances, do not allow for recovery of non-economic losses.

The Sex Discrimination Act 1975 (SDA), like the other discrimination acts, states that compensation includes an award for injury to feelings, but there is no such provision in the Equal Pay Act 1970 (EPA).

Claims concerning less favourable treatment in relation to anything other than contractual pay and benefits should be brought under the SDA - but if the complaint is of a difference in the rate of pay or benefits, the claim must be brought under the EPA. If there is any uncertainty over which act applies, the safest course of action is to claim under both.

Degnan and others v Redcar & Cleveland BC and another UKEAT/0845&0846/04/RN