From April 2023, the Vento bands of awards for injury to feelings and psychiatric injury will be updated to take account of the RPI measure of inflation. This was confirmed via a joint Presidential Guidance notice issued by The Presidents of the Employment Tribunals in England & Wales, and Scotland.
What are the Vento bands?
In successful claims for discrimination, under the Equality Act 2010, an Employment Tribunal (ET) can award damages to employees for injury to feelings for instances such as where an employee has:
- Been humiliated by their employer;
- Received degrading treatment; or
- Suffered distress.
Damages awarded for injury to feelings are separate from compensation for financial losses.
The bands of awards for injury to feelings are known as the Vento bands after the case in which the guidance was first set out – Vento v Chief Constable of West Yorkshire.
Injury to feelings awards are entirely discretionary and are made at some level in most successful discrimination claims. They are awarded to reflect the injury to feelings suffered by a worker, instead of being perceived as a punishment to the employer.
Updated injury to feelings awards as from 6 April 2022
In respect of claims presented on or after 6 April 2023, the Vento bands are:
- A lower band of £1,100 to £11,200 for less serious cases;
- Typically a one-off/isolated instance of discrimination.
- A middle band of £11,200 to £33,700 for cases that do not merit an award in the upper band;
- More serious cases that do not merit an award in the highest band.
- An upper band of £33,700 to £56,200 for the most serious cases;
- With the most exceptional cases capable of exceeding £56,200.
- Long-standing instances of discriminatory behaviour from an employer towards an employee. In some exceptional circumstances, the top band can be exceeded.
What factors will an Employment Tribunal consider when making an injury to feelings award?
When deciding whether to make an injury to feelings award, an ET will consider all of the relevant facts of the claim, which include:
- The vulnerability of the worker/claimant;
- The seriousness of the treatment they have been subjected to;
- What impact the treatment has had on them;
- Any medical condition that the worker suffers from;
- The degree of upset or stress caused to the worker;
- The employment role of the person who has committed the prohibited act; and
- How the grievance made by the employee has been handled by the employer.
It is worth noting that even in circumstances where an employee has suffered no financial loss, it could still be possible for them to claim compensation for injury to feelings if the worker succeeds in a successful claim for discrimination or whistleblowing.
How Nelsons can help
For further information or advice concerning the subjects discussed in this article, please contact a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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