VENTO BAND INCREASES FOR DISCRIMINATION INJURY TO FEELINGS AWARDS

The Presidents of the Employment Tribunals in England & Wales and Scotland have issued joint Presidential Guidance updating the Vento banding guidelines for damages for injury to feelings.

What are the Vento band guidelines?

When an employee makes a discrimination claim before a tribunal, they may be awarded compensation for injury to feelings under the Equality Act 2010. This is an award for damages as a remedy for things such as humiliation, degrading treatment or distress suffered by the employee. This award is separate to any award for financial loss suffered by the employee.

The Vento bands act as a guideline for calculating the compensatory award for injury to feelings, which aims to put the employee into the position they would have been in had the wrong not taken place.

Awards for injury to feelings are entirely at the discretion of the tribunals and are determined based on the facts of the case, including the vulnerability of the employee, the seriousness of the treatment and the impact the discriminatory treatment had on the employee.

What are the Vento bands increasing to?

From 6 April 2021, the Vento bands will increase as follows:-

• Lower band
  • £900 to £9,100 for “less serious cases, such as where the act of discrimination is an isolated or one-off occurrence”.

• Middle band
  • £9,100 to £27,000 for “serious cases, which do not merit an award in the highest band” and can include a serious one-off incident.

• Upper band
  • £27,400 to £45,600 for “the most serious cases, such as a lengthy campaign of discrimination harassment” in the workplace, which results in a profound impact on the employee (the victim) such as causing depression, anxiety or extreme distress.

It is worth noting that in the most exceptional case, an award for injury to feelings may exceed the top of this band.

If you believe you are a victim of unlawful discrimination or if you are an employer dealing with a discrimination situation, we can help and support you. Please contact our Employment Team on 01905 900919 or email Patricia Marleau at patricia@bradleyhayneslaw.co.uk.