Increases to Injury to Feelings Compensation
The recommended amounts to be awarded to claimants for injured feelings in discrimination and whistleblowing claims have increased.
Vento Bands
In 2003, the Court of Appeal set out guidelines for the amount of compensation to be awarded for injury to feelings in the case Vento v Chief Constable of West Yorkshire Police (No 2). Three bands of potential awards were set out, now known as Vento bands.
Increased Amounts
For claims presented on or after 6 April 2019, the Vento bands are as follows:
- £900 - £8,800 for cases such as a one-off incident of discrimination
- £8,800 - £26,300 for serious cases of discrimination
- £26,300 - £44,000 for particularly serious cases such as a lengthy campaign of discriminatory harassment
In exceptional cases the amount awarded may exceed the upper band.
What Does This Mean for Employers?
Employers should be aware of the amount of compensation which may be awarded in discrimination or whistleblowing cases, if an employee makes a successful claim for damages for injury to feelings.
Whilst presidential guidance is not binding, it is important to remember the tribunal must have regard to it and it would be highly unusual for such guidance to be disregarded.
To speak to a specialist solicitor, please contact Ellie Boyd in our Employment Law team on 020 7665 0940, or complete the form below.