What are the Vento bands?
Compensation for discrimination is split into two main parts:
- loss of earnings arising from the discrimination; and;
- injury to feelings which is compensation for the discrimination itself. This is a separate “head of claim” which can be claimed in addition to loss of earnings.
The Vento bands were originally set by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire Police (No2) [2003] IRLR 102. They give Tribunals the power to make awards according to the seriousness of the case.
Three broad bands of compensation apply for injury to feelings. A tribunal will determine which band applies in a case where an employee succeeds in their claim. It will depend on the severity of the discriminatory act, the extent to which the conduct was a one-off or an ongoing course of conduct, how offensive the conduct was and similar factors. Most awards fall somewhere in the Middle band as a matter of practice and rarely are awards made in the Upper band unless the conduct is particularly egregious.
Injury to feelings compensation may also be awarded in whistleblowing cases, except where the detriment in question is the termination of the contract.
The bands are increased each year to take account of inflation.
The new bands for claims started on or after 6 April 2024 are:
Lower Band: £1,200 to £11,700 for less serious cases
Middle Band: £11,700 to £35,200 for cases that do not merit an award in the upper band
Upper Band: £35,200 to £58,700 for the most serious cases
Injury to feelings compensation may exceed £58,700 in the most exceptional cases.
Here is the link to the Presidential Guidance confirming the update.
