There are three bands that are used by Employment Tribunals when assessing the amount of compensation payable for injury to feelings in discrimination and whistleblowing cases. These are known as the 'Vento' bands, after the 2002 case in which the Court of Appeal gave guidance on this issue (Vento v Chief Constable of West Yorkshire Police).
The Presidents of the Employment Tribunals in England & Wales and Scotland have issued new guidance to update and increase the Vento bands.
As of 6 April 2021 the Vento band rates will be as follows:
- Lower band – between £900 and £9,100. Awards in this range are made in less serious cases, such as where the act of discrimination is an isolated or one-off occurrence;
- Middle band – between £9,100 and £27,400. Awards in this range are made in serious cases but where an award in the upper band is not merited; and
- Upper band – between £27,400 and £45,600. Awards in this range are made in the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment. Only in exceptional circumstances will a compensation award for injury to feelings exceed the upper limit.
The guidance can be found at https://www.judiciary.uk/wp-content/uploads/2013/08/Vento-bands-presidential-guidance-April-2021-addendum.pdf
Contact Emma-Louise Hewitt e.hewitt@sydneymitchell.co.uk for help or advice when faced with employment law matters.
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