New Vento Bands for Discrimination Claims

Unlike unfair dismissal compensation (which is generally limited to one year's financial loss) discrimination compensation can also cover non-financial losses which includes an award for "injury to feelings". In the leading case of Vento which dates back to 2002, the Court of Appeal set clear guidelines for the amount of compensation to be awarded for injured feelings. The Court set three bands of potential awards to guide/assist Judges in the Employment Tribunal when they are making such awards. The amount of compensation awarded is entirely at the Judge's discretion although the Judge must take into account how the treatment of the employee by the employer or by one of the employee's colleagues has genuinely "injured" the employees feelings.

The Vento bands have been subject to inflationary increases since then and were last formally updated in 2009 although they have now been increased further. The new bands are set out below and will apply to any claims issued on or after 11 September 2017:-

• lower band (less serious cases): £800 to £8,400
• middle band: £8,400 to £25,200
• upper band (the most serious cases): £25,200 to £42,000
• exceptional cases: over £42,000

For further information in respect of potential claims or awards in the Employment Tribunal please contact a member of the Employment Team on 01482 323239.

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.