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Case law
HM Prison Service v Salmon

Discrimination that makes you ill can increase your compensation.

The ruling

EAT upheld the full award, including psychiatric injury and aggravated damages.”

A psychiatric injury caused by discrimination, such as depression, can be compensated separately from injury to feelings, or as part of it, as long as the tribunal is clear about what it is awarding for.

  • Be specific with any tribunal or adviser about how discrimination has affected your health, not just how it made you feel at the time.
  • Keep evidence of how your employer responded afterwards, including any delay or dismissiveness, since this can increase your compensation.
  • Get advice early if you think discrimination has caused you a lasting psychiatric injury, since these claims usually need medical evidence to succeed.
Read the full case

The situation

A prison officer worked as one of only a few women in an all-male prison. Over several years she experienced a sexist culture at work, including crude jokes and pornographic material left out in an office she used. Matters came to a head when she found two sexually degrading entries about her and her husband written by a colleague in an official work logbook. She was deeply shaken, went off sick the next day, and was later diagnosed with a moderate to severe depressive illness. She never returned to work and took ill-health retirement about 14 months later.

What the tribunal found

The employment tribunal upheld several of her sex discrimination complaints, with the logbook incident treated as by far the most serious. It awarded compensation under three separate heads: for her psychiatric injury, for injury to feelings, and for lost earnings. It also added aggravated damages on top of the injury to feelings award, because her employer had treated the whole episode as trivial, most notably by delaying any disciplinary action against the colleague responsible until after the tribunal case had finished. On appeal, the Employment Appeal Tribunal upheld the award in full. What matters is whether the tribunal is clear about what each part of the award covers. When it is, stress and depression caused by discrimination can be compensated either within injury to feelings or as a separate award for psychiatric injury. This sits within the general compensation framework for discrimination claims under what is now the Equality Act 2010.

Full citation

HM Prison Service v Salmon. UKEAT/21/00. Employment Appeal Tribunal. April 2001.

Last reviewed 6 July 2026