New Vento Bands Come Into Force Alongside Other April 2021 Changes
The Presidents of the Employment Tribunals in England and Wales and in Scotland have published new guidance on the award levels for compensation for injury to feelings.
This applies to discrimination claims brought under the Equality Act 2010 and certain types of whistleblowing claim.
This compensation is awarded with reference to three bands, known as 'Vento' bands after the case in which the guidance was first set out - Vento v Chief Constable of West Yorkshire. Whilst this guidance is not binding, the tribunal must have regard to it and it would be highly unusual if it were not followed.
For claims presented on or after 6 April 2021, the new Vento bands are as follows:
- lower band of £900 to £9,100 for less serious cases
- middle band of £9,100 to £27,400 for cases which do not merit an award in the upper band
- upper band of £27,400 to £45,600 for the most serious cases
In the most exceptional cases it will be possible for tribunals to award in excess of £45,600. Tribunals have discretion as to which band applies, and where in the band the appropriate award should fall.
Further Increases From April 2021
Please note that following increases, which were previously reported on, have recently come into effect:
- The National Minimum Wage (for those of at least school leaving age) and National Living Wage (for those aged 23 and over) rates increased on 1 April 2021. Find out the new rates.
- The weekly rate of statutory sick pay and maternity, paternity, adoption and shared parental pay, increased on 4 April 2021.
- The annual increases to the compensation limits on certain employment tribunal awards and to statutory payments came into effect on 6 April 2021.
- Changes to the IR35 rules which will have a significant impact on contractors working through a Personal Service Company and all large and medium sized end hirers/clients in the private and public sector came into force on 6 April 2021.