Category: Discrimination

Emotional Distress Compensation

Emotional Distress Compensation.

Emotional Distress Compensation.

What is Emotional Distress?

Emotional Distress is the intentional infliction of emotional discomfort on another person and is a common law tort that allows people to sue organizations and individuals for severe emotional distress caused by another person or entity who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way.

What are the types of emotional distress?

There are two types of emotional distress cases, negligent and intentional.

You can claim monetary compensation for the emotional distress the discrimination has caused you – this is called ‘injury to feelings.

You’ll need evidence of this and if you have it documented as I have through my “online journal” you can build a case against the perpetrator or entity which needs to show how the discrimination made you feel.

You will need witnesses or evidence of who you are naming and blaming and you need to start asking your family, friends, colleagues, medical professionals, or support workers if they’ll be witnesses to how the discrimination affected you.

An injury to feelings claim is a claim that can be made as part of a judgment, discrimination, humiliation, mental and physical abuse claim but not an unfair dismissal claim. It is a claim for compensation for the upset, distress, or anxiety a person might have suffered as a result of discrimination, humiliation, mental abuse, physical abuse.

Negligence Emotional Distress: As an example, my GP’s surgery has failed in their duty of care and as a consequence has caused me emotional distress.

Intentional Emotional Distress: Another example of an entity(s) that caused a domino effect caused me emotional distress.

The purpose of an injury to feelings award is to compensate the individual for the hurt and distress they have suffered rather than to punish the entity or (person held liable) for the discriminatory conduct. However, the sum awarded should not be so high that it amounts to a windfall nor should it be so low that it diminishes respect for the law.

In the well-known case of Vento v Chief Constable of West Yorkshire Police No. 2 (2003) the Court of Appeal set guidelines on the amount of compensation to be given for injury to feelings (the so-called Vento bands) as follows:

  • The lower band which is appropriate for less serious cases such as where the act of discrimination is an isolated or one off occurrence.
  • The middle band for serious cases which do not merit an award in the highest band.
  • The top band for the most serious cases such as where there has been a lengthy campaign of discriminatory harassment. In exceptional circumstances, the top band can be exceeded.

Subsequent case law established that a 10% uplift should be applied to any award and that the Vento bands should be increased annually in line with inflation.

For claims brought on or after 6 April 2019 the current bands are:

**Please Note Stress & Anxiety Compensation:

In case of prolonged symptoms, your compensation claims could range between £48,000 to £101,000. 

For mild psychiatric damage, your compensation claims could range between £1,300 to £5,000. 

Business Emotional Distress.

Tortious interference, also known as intentional interference with contractual relations (is a business dispute), in the common law of torts, occurs when one person intentionally damages someone else’s contractual or business relationships with a third party, causing economic harm.

As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party, or they could obstruct someone’s ability to honor a contract with a client by deliberately refusing to deliver necessary goods.

A tort of negligent interference occurs when one party’s negligence damages the contractual or business relationship between others, causing economic harm, such as, by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers.

Can you sue your ex for emotional distress?

Yes, you can, as a general rule, you can sue for emotional distress, if your ex has caused you mental health issues and as a consequence, you are depressed and have PTSD you can sue this person.

In fact, whether you are filing an insurance claim or pursuing a personal injury action in court, your emotional distress damages are accounted for as a significant part of your financial recovery.

To prove a claim for intentional infliction of emotional distress a plaintiff must prove that:

  1. The defendant’s conduct was outrageous and caused you distress.
  2. The conduct was either reckless or intended to cause emotional distress
  3. As a result of the defendant’s conduct the plaintiff suffered severe emotional distress (depression, PTSD, anxiety, stress, social disconnection, ocd).

Causes of Emotional Distress Include:

  1. Divorce
  2. Seperation
  3. Breakup
  4. Mental Abuse
  5. Physical Abuse
  6. Isolation
  7. Discrimination
  8. Humiliation
  9. Judgement
  10. Eviction
  11. Loss of a Job
  12. Failed Business
  13. Medical Malpractice & Negligence
  14. PTSD from witnessing a loved one’s premature death
  15. Insecurity of knowing the unkown, when an entity playing mind games with your financial status and does not respond to you in a quick and timely manner.

Symptoms of Emotional Distress:

  • Loss of Apetite or Comfort Eating.
  • Insomnia, finding it hard to sleep.
  • Social Distancing, pulling away from people and things.
  • Feeling lethargic, having low or no energy
  • Having unexplained aches and pains, such as constant stomach aches or headaches
  • Low Self Esteem. Feeling helpless or hopeless
  • Excessive smoking, drinking, or using drugs, including prescription medications
  • Constant worrying,
  • Thinking of hurting or killing yourself or someone else.

Often cases such as domestic violence can lead the victim to either criminal or civil proceedings, and he or she will need to decide which option to follow first or which to devote energy to before seeking both options. Emotional distress is usually one aspect of pain and suffering that the judge may award in compensation.

Although the above explains the legal side of things you have to be prepared to name and blame the entities and expect the repercussions of the aftermath of your litigation.

You have two choices and that is you let your negative feeling go and never mention them again (bury your emotions) or you go down the route to seek monetary compensation.

In my lifetime I would have already been a millionaire by now had I chosen to sue everyone that did me wrong.

https://www.hg.org/legal-articles/can-i-sue-my-ex-boyfriend-for-emotional-distress-due-to-domestic-violence-49298

https://www.medicalnewstoday.com/articles/emotional-distress

#emotionaldistress #emotionaldistresscompensation #ptsd #depression #anxiety #mentalabuse #physicalabuse #domesticviolence #ptsd #discrimination #humiliation

Emotional Distress.

Emotional Distress. Keeping a diary of your medical condition.

By logging down your good days and bad will give your GP or Specialist a more indepth understanding of your day to day problems.

For me most days are the same but some days are severe.

Today is one of those days.

I actually started this post a few days ago and left it as a draft but my mental health is really taking its toll. For example, I heard my ex-husband is in hospital after suffering a heart attack and has other complications such as lupus and cancer. The last time we spoke was 14 years ago and I felt I had been hit by a truck receiving the news today that he was in ICU in an induced coma and is now in a high dependency ward.

To say that this is a shock is an understatement and there are some people in the family I have reached out to.

I know that our divorce was nasty but there is an element of me that still cares.

I hope he recovers and I will get an update on the weekend but for now my mental health is on another level.

Emotional Distress By One of the Culprits (My Landlord)

Not only that my landlord is playing mind games with me. He sends me an email saying he is extending my contract for another 3 years and has drawn up an agreement (by coincidence on the same day I paid him the increased amount of money), for me to sign but he will not do a digital signature and is insisting he needs to see me. A week after his email I get a text that he will be visiting me today and so far he has not called round or text me. This is causing me no end of anxiety as I need him calling round like I need a hole in my head.

I have a problem with social disconnection and do not want to be around people.

I have explained this in my email and told him due to Covid my business has suffered plus other factors which I said etcetera but what I really meant was him increasing my rent causing me to have severe depression and stress. Yet he seems to be oblivious to the fact I am unwell.

If there are any monsters in this world its the people that show no empathy and only think about themselves.

I have recently found out you can sue people that have caused you distress. You obviously need proof of the distress, anxiety, stress, and depression this person has bestowed on you. My evidence is me publically documenting everyone that has caused me harm. You will have to show medical evidence and have witnesses to prove your case. You can claim for the emotional distress the discrimination has caused you – this is called ‘injury to feelings. You‘ll need to say how the discrimination made you feel.

https://www.citizensadvice.org.uk/housing/discrimination-in-housing/taking-action/work-out-how-much-compensation-you-could-get-for-discrimination/

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

https://www.psychologytoday.com/gb/blog/so-sue-me/201408/suing-emotional-distress-outrageous

#mentalhealth #depression #anxiety #discrimination #clinicaldepression #ptsd

Intimidation & Mental Health Issues.

INTIMIDATION.

Intimidation is intentional behavior performed by someone in which it causes another person (the victim) fear either by physical or psychological injury or harm.

A perpetrator knows what they are doing and will want to gain control of a situation by making their victim feel insecure.

Intimidation can cause psychological damage which will make the victim question themselves, which may lead to depression or suicide.

Intimidation in the workplace can make your office environment to be a toxic place to work in.

When your boss or coworker is subjecting you to intimidation in the workplace your mental health will be affected and you may even find you have no choice but to quit your job if the constant bullying becomes unbearable.

What does Intimidation in the Workplace Look Like?

Workplace intimidation, which is also called workplace bullying, happens when someone superior to you or a coworker uses psychological threats, blackmail or verbal abuse to manipulate an employee to do things in order to feel superior over that person (the victim).

Intimidation may become apparant from the start by the superior showing they are above you. It does not have to be gradual as you may be told by your co-workers that the boss is on the prowl and that you have to jump through hoops to please him or her.

In some cases it may be made apparant over time, where the perpetrator accesses the victims weakness and plays on their insecurities. This does not have to be in the workplace it could be a friend, neighbour, partner or landlord. Basically anyone that has control over you in some way and feels they are superior to you can potentially intimidate you if you let them.

Intimidation can be:

  • Physical violence or threats
  • Raising Voices
  • Ignoring you and your requests
  • Being Hostile physical posturing
  • Humiliating, ridiculing or insulting you in front of coworkers or customers
  • Intentionally dicing you work outside your expertise
  • Purposely finding faults with your work or assigning errors to you that are not your responsibility
  • Copying your ideas and taking credit for your work
  • Sabotaging your work or setting you up to fail
  • Raising the bar for success or setting up different standards for the targeted employee
  • Interfering with your ability to work
  • Highlighting the fact that your are dispensable, that you could loose your job if your work is not up to scratch
  • Showing superiority so that you feel insecure and putting the victim in their place, reminding the victim why they are where they are and how things could eaily change, playing on the victims insecurities.
  • Intimidation that can cause your mental health to change, such as spreading lies.
  • Making the employee feel unwelcome or singled out in social events.

Illegal Workplace Discrimination.

When there is intimidation in workplace it can easily cross the line into illegal workplace discrimination.

This applies to conduct based on:

  • Race
  • Color
  • National origin
  • Sex or gender
  • Pregnancy
  • Religion
  • Disability
  • Age

If an employer makes employment decisions that hinders your job role and assignments or allows its employees to create a hostile work environment, you may be able to make a discrimiantion claim against the employer. If your employer doesn’t live up to its promises or comply with its anti-harassment policies, you may be able to sue based on a breach of contract claim.

Regarless if intimidation is made in the workplace or in another environment such as a landlord intimidating a tenant for example you do have rights and you can find the relevant help in order that you are no longer intimidated and can live a life without feeling insecure. Nobody should live in fear.

**If you have problems at home with your landlord you should contact your local council office.

Your council should have a tenancy relations officer or a housing team who can help.

The council could:

Form N16A: Application for injunction (General form)

Use this general injunction form to ask the court to order a person, company or organisation to do something or not to do something.

n16a-eng

Age Discrimination at Work

Age Discrimination at Work.

We don’t need to be disabled to be discriminated upon.

Age Discrimination (Ageism) in the Workplace is the discrimination by an employer and HR management because of the person’s age. The person could be either to young or too old.

What is age discrimination?

The Equality Act covers the following types of discrimination:direct discrimination

  1. indirect discrimination
  2. harassment
  3. victimisation

Direct discrimination

This is where a decision is made because of a person’s age

  1. a person’s perceived age
  2. the age of someone a person is associated with (such as a partner, husband wife, friend or family member). This may not be because of age but could be because of other factors such as race, religion, gender, secual orientation.
  3. Direct discrimination is not always, and does not need to be, intentional.

We have to explore all spectrums of the scale if the person is not hired because they are too young it could be they do not have enough experience. However a person who is too old may take more time off work more often than a young person due to having hospital appointments etc or illnesses. An older person may not have the same stamina as their younger counterpart. They may not be able to do physical work due to heavy lifting etc.

A younger person is more sellable if they have to represent a company a young person is the face of the brand.

They are various discrimination factors which I will go into in a moment.

However I want to add that there is a law protecting people being discriminated which was passed in 1967 The Age Discrimination Employment Act (ADEA) what this means is that employers cannot discriminate based on a persons age.

But wait for this you have heard “age is just a number” in the case of small businesses it is just that, a number as, companies with less than 20 employees are exempt from the ADEA. This makes no sense at all as this law should be the same regarless if you have one employee or a thousand. (Grey Area).

Discrimation in the workplace is not just about age it is also to do with prejudices that occur when an employee is treated unfavourably because of gender, sexuality, race, religion, pregnancy and maternity or disability.

Examples of Ageism and how employers signal you are as follows:

  1. An employer discrimates and older person as they may not be up to speed with technology or may have adapted bad habits such as checking their personal phone whilst working.
  2. An employer refuses to hire a young person on construction as they are not experienced enough and insurance companies may not pay out if there was an accident.
  3. An employer may not hire an older person because they may be more prone to taking time off work due to illnesses.
  4. An employer may take on a younger person as they do not have to pay more money for an older person to do the same job.
  5. An employer may reject a candidate for a job application because they over a certain age the employer thinks the canidate will not portray the youthful image they want for their business.
  6. An employee maybe overlooked for promotion because they may be retiring soon.
  7. An employee may be excluded from business social gathering because the employee’s partner is much older than her and would not ‘fit in’ with the other employees.
  8. An employer may reject a job application because they need a minimum of 10 years experience (A bit difficult if you are a graduate who may be over qualified, but with no experience).
  9. A company having to make job cuts may have a policy where ‘Last In, First Out’. This can be indirectly discriminatory.
  10. An employer may reject a job application on the assumption that an older person may be too set in their ways to make changes and may be too complacent. ( I am now going to show my age I will be 58 in January and I going strong).
  11. A younger person may want to chat more rather than get on with their work.
  12. An employer may reject a candidtes job application if they are older, if the candidate is more qualified and has nore experience and network contacts than the employer.

” So AGE is meerly a number” it should not make a difference and by employers making excuses that a younger person may be on their personal phone too much, my answer to that is ban all personal mobile phones in the work place and put all phones in a safe under lock and key. Any emergencies can then be dealt with by the thirdparty calling the office number.

As for employment in general, candidates should be assessed on their experience and motivation, not on their age or their looks. If a candidate has more qualification and more experience than the employer, the employer should use that as an asset not as a hindrance.

NLW and NMW rates from 1 April 2020

National Minimum WagePrevious rateCurrent rate from 1 April 2020Increase
National Living Wage£8.21£8.726.2%
21-24 Year Old Rate£7.70£8.206.5%
18-20 Year Old Rate£6.15£6.454.9%
16-17 Year Old Rate£4.35£4.554.6%
Apprentice Rate£3.90£4.156.4%
Accommodation Offset£7.55£8.206.4%

Citations:

http://www.agediscrimination.info/practical-guide

https://www.equalityhumanrights.com/en/advice-and-guidance/age-discrimination

https://www.topresume.com/career-advice/signs-of-ageism-in-the-workplace

AGEISM & THE LAW.

If you feel you have been unfairly mistreated at work because of your age contact ‘ACAS’:

https://archive.acas.org.uk/agediscrimination

Disability Discrimination

Disability Discrimination

Disability Discrimination.

Disability Discrimination is rife especailly if you do not look disabled.

People can draw conclusions without actually looking at the facts and whether it is discrimination in the workplace or an airport people with disabilities have rights and should not be humiliated.

Companies should not pass the buck and should own up to their misdoings and compensate the person they have discriminated against.

Far too often untrained staff can cast judgment and make a disabled person feel degraded and made to look like they are liars when in reality some disabilities are silent.

People with autoimmune disorders for example may not necessarily look disabled at a glance. The same applies to people with mental health conditions.

I think everyone who is disabled and diagnosed by a doctor, consultant, or professor should carry a disabled card. Not everyone wears a neon sign on their forehead saying they are disabled.

I remember from personal experience refusing to step barefoot on airport flooring whilst I was told to remove my shoes and the looks I was being given as I was holding everyone up was beyond belief. I was then given used plastic shoe covers to cover my feet.

Had I continued making a fuss I would most probably have been ushered away or refused to go through customs and consequently missing my flight. I had to just bite my tongue and reason with myself that the cross-contamination of germs providing they did not get into my bloodstream could be washed away as soon as I came home.

This was very distressing and for the two and half hour flight plus the one-hour drive home felt like it was taking forever and felt like hell as I could not wait to wash my feet.

Not that I plan to go anywhere any time soon but the next time I plan to travel by air I will be prepared and will have my own shoe protector coverings.

On another occasion, just before a court hearing where I was appearing as a witness, I was told I could not bring my hand sanitizer past the security gate. You can imagine the commotion I caused whilst solicitors, judges, and barristers were trying to get past to the courtrooms, in the end, they let me through.

Discrimination is not just for disabled people it can range from, religion, race, gender and age, and sexual orientation. Discrimination is the act of judging someone based on the groups, classes, or other categories to which they are perceived to belong to.

Some links to disabled discrimination news:

https://www.independent.co.uk/travel/news-and-advice/disabled-woman-stansted-airport-refuse-help-ryanair-nathalie-allport-grantham-a8138051.html

https://www.theguardian.com/uk-news/2019/oct/29/met-treatment-of-disabled-xr-activists-branded-degrading-and-humiliating

https://www.skillcast.com/blog/12-notorious-uk-discrimination-cases

My recommendation including shoes coverings and disability aids.