How awards for discrimination claims are decided

Published: 30 May 2024

If you have been discriminated against, you can claim for compensation. Many factors can affect how much money you will be awarded if you win your discrimination claim. 

This page explains how courts decide the amount they can give you in non-employment cases. These include claims about access to everyday goods or services, such as going to a restaurant or shopping. 

For more information about how to work out the value of a discrimination claim, read our guidance

How the court decides how much money you should get

The amount the court can award you depends on the facts and circumstances of each case. The court will consider this information carefully before making its decision. 

If you raise a discrimination case in a Scottish court, you will need to specify how much money you think you should get. The court can award you less than this, but they cannot award more than what is in your claim. 

As far as possible, the court will aim to get you back to where you would have been if the discrimination had not occurred. For example, this may mean compensation for injury to your feelings as well as any other financial loss.  

You can read more about the different kinds of compensation in our guidance

What justifies a higher award: injury to feelings

The court will assess your award objectively. However, it is important for the court to consider how the victim perceived and reacted to the discrimination.  

You may need to give more evidence about the seriousness of your case before the court can give you a higher award. You can find more information about the civil procedure for giving evidence on the Scottish Court and Tribunal Service’s website.  

If you are an adviser working out the value of a non-employment discrimination claim, read our guidance.  

If you are an individual who needs help with your claim, you should contact the Equality Advisory and Support Service (EASS).