Employers facing claims under the Equality Act 2010 (including for discrimination, harassment, and victimisation) and certain whistleblowing claims, brought by workers or employees, may need to dig a little deeper.
Just today (28 March 2022), the Presidents of the Employment Tribunals in England & Wales, and Scotland issued joint presidential guidance updating the Vento bands and increasing the potential compensation employers could be ordered to pay in respect of injury to feelings and psychiatric injury awards in the Employment Tribunal, should they unsuccessfully defend a Tribunal claim.
The value of an injury to feelings award is assessed in bands, based on guidelines established in a landmark case: Vento v Chief Constable of West Yorkshire. The bands are referred to as the “Vento bands”.
The updated Vento bands which apply to claims presented on or after 6 April 2022 are as follows:
- Lower band: £990 to £9,900 (less serious cases)
- Middle band: £9,900 to £29,600 (cases that do not merit an award in the upper band)
- Upper band: £29,600 to £49,300 (most serious cases)
The Vento bands only provide guidance for these awards and the Tribunals have discretion to make awards in excess of £49,300 for the most exceptional and severe cases (though this is extraordinarily rare).
If you are an employer or employee that requires employment-related advice, do not hesitate to contact our experienced team for specialist advice at firstname.lastname@example.org or by telephone.