Vento Bands – Injury to Feelings – Update
The Presidential Guidance on the Vento Bands has been updated to include the increased rates of compensation to be awarded for injured feelings in relevant Employment Tribunal claims from the 06 April 2024.
The Vento Bands are increased each year in line with inflation. The rates for 2024 are therefore slightly higher increases than the rates that were released around this time last year.
The Vento Bands are used as a guide to determine how much compensation a Claimant should receive for non-financial losses, such as injured feelings. This is usually an element of compensation a Claimant will seek to recover as part of a discrimination claim (if they are successful).
Whilst the Equality Act 2010 confirms that Claimants can recover compensation for injured feelings, there was no specific guidance on how that compensation should be calculated. The Courts were therefore left to determine and provide guidance on how to calculate compensation for injured feelings.
The Court of Appeal set out guidelines (now known as the ‘Vento’ guidelines) for calculating compensation for injured feelings in the case of Vento v Chief Constable of West Yorkshire Policy (No 2) [2003] IRLR 102.
As set out above, the Vento Bands within the guidelines are due to increase from the 06 April 2024 in line with inflation. The increased rates are set out below:
| The lower band – less serious cases (e.g. – isolated/one off acts of discrimination) |
£1,200 – £11,700 |
| The middle band – cases that do not merit an award in the upper band |
£11,700 – £35,200 |
| The upper band- the most serious cases (e.g. – where there has been a lengthy or ongoing series of discriminatory treatment) |
£35,200 to £58,700 |
| The upper band and above (the most exceptional cases) |
£58,700 and above. |
If you have a query regarding any of the points raised in this article or a claim involving injury to feelings where you need advice, or if you have a query on discrimination or another area of employment law, our friendly and professional team are here to help. Please speak with one of our Employment Law team on 01246 555 111 or contact:
Amy Hallam
Head of Employment
t: 0114 3496989
e: amy.hallam@brmlaw.co.uk
Ellie Leatherday
Associate
t: 01246 564002
e: ellie.leatherday@brmlaw.co.uk
Jade Taylor
Trainee Solicitor
t: 01246 560587
e: jade.taylor@brmlaw.co.uk
