Case Summary: Sadia Shakil v Samsons Ltd [2024] EAT 192 

By Neil Guss Regional Employment Rights Manager

& Jazmeer Jackson Employment Rights Lawyer

Key Facts 

Ms. Sadia Shakil worked as an accountant/bookkeeper at Samsons Ltd. After informing her employer of her pregnancy in March 2021, her hours were reduced without notice due to pregnancy-related illness. In September 2021, she was provisionally selected for redundancy and was dismissed on 31 September 2021, a day before commencing maternity leave. 

Ms. Shakil filed a claim of pregnancy discrimination under the Equality Act 2010, asserting that her reduced hours and dismissal were discriminatory. The Employment Tribunal (ET) found in her favour but awarded £5,000 for injury to feelings, placing the award in the lower Vento band, typically reserved for less serious cases of discrimination. 

Procedural History 

• Ms. Shakil appealed the injury-to-feelings award, arguing that it was too low given the sustained nature of the discrimination. 

• The EAT considered whether the ET had erred in applying the Vento guidelines for injury to feelings. 

EAT Decision 

The EAT upheld Ms. Shakil’s appeal and remitted the case for a new assessment of injury to feelings. Key findings included: 

1. Failure to Apply Vento Guidelines Properly: 

• The ET failed to identify the appropriate Vento band for the award or explain its placement within the band. 

• The ET did not adequately account for the prolonged and serious nature of the discriminatory treatment. 

2. Pregnancy as an Exacerbating Factor: 

• The ET incorrectly separated the distress caused by the discrimination from Ms. Shakil’s pregnancy-related concerns, despite case law confirming that such circumstances heighten injury to feelings.

3. Irrelevance of Respondent’s Resources: 

• The ET erred by considering the financial circumstances of Samsons Ltd in setting the award. The respondent’s resources are irrelevant to compensatory awards for injury to feelings.

4. Conduct of Litigation: 

• The ET failed to account for Samsons Ltd’s inappropriate behaviour during the litigation, including false assertions and a threatening message sent to Ms. Shakil. 

Outcome 

The EAT remitted the case to a different ET for reassessment of the injury-to-feelings award. The new tribunal may also consider any applications for aggravated damages. 

Commentary 

This case emphasises the importance of properly assessing injury-to-feelings awards in discrimination cases, particularly where pregnancy-related discrimination is involved. Tribunals must: 

• Carefully apply updated Vento guidelines. 

• Consider the individual’s circumstances, including any exacerbating factors. 

• Ensure awards reflect the seriousness and duration of the discriminatory conduct. 

Practical Implications for Trade Union Representatives: 

• Highlight to members the importance of documenting discriminatory treatment and its impact. 

• Ensure employers follow robust policies on pregnancy-related matters to avoid similar claims.