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Discrimination Claims - Injury to Feelings Compensation Set to Rise from 6 April

on Friday, 06 April 2018.

The Presidents of the Employment Tribunals in England & Wales and Scotland have published new guidance on award levels for compensation for injury to feelings and psychiatric injury.

This applies to discrimination claims brought under the Equality Act 2010.

Such compensation is awarded by reference to three bands, often referred to as the 'Vento' bands after the case in which the guidance was first set out - Vento v Chief Constable of West Yorkshire.

For claims presented on or after 6 April 2018, the following bands will apply:

  • a lower band, for £900 to £8,600 for less serious cases, such as where the act of discrimination is an isolated or one-off occurrence

  • a middle band of £8,600 to £25,700 for more serious cases that do not  merit an award in the upper band

  • an upper band of £25,700 to £42,900 for the most serious cases, such as  where there has been a lengthy campaign of discriminatory harassment.

Only in the most exceptional cases should an award for injury to feelings exceed the top end of the upper band. 

The employment tribunal has a discretion as to which band applies and where in the band the appropriate award should fall. 

Whilst it is important to remember that presidential guidance is not binding, the tribunal must have regard to it and it would be highly unusual for such guidance to be disregarded.


For more information, please contact Michael Halsey, in our Employment Law team, on 020 7665 0842.

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