The Presidents of the Employment Tribunals of England & Wales and Scotland issued an amendment to their guidance on employment tribunal awards for injury to feelings late last month. The amendment saw increases to all the current Vento bands. This means that aggrieved employees could be entitled to higher compensatory awards for claims presented on or after 6 April 2025.
What are Vento bands?
Vento bands are a means of determining the level of compensation payable to individuals for injury to feelings in successful discrimination claims. The term takes its name from the case of Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871, which concerned sexual discrimination and its resulting injury to the claimant’s feelings.
The injury to feelings which Vento bands aim to address can arise from emotional distress, humiliation and even degrading treatment. The structure of Vento bands ensures that the seriousness of injuries to feelings is directly linked to the amount of compensation a claimant receives. Interestingly, an award in any of the Vento bands can be given in addition to other damages that a claimant is entitled to.
What are the changes?
There are different classes of Vento bands which reflect varying levels of seriousness:
- The lower band, which is now increasing to between £1,200 – £12,100, is applicable in less serious cases, usually involving one-off or minor offences.
- The middle band, which is now increasing to between £12,100 – £36,400, applies where there is significant emotional distress that does not merit an award in the upper band.
- The upper band, which is now increasing to between £36,400 – £60,700, is applicable in extreme cases where the offending behaviour is repeated or prolonged.
- Exceptional cases can also trigger an award exceeding the £60,700 cap in the upper band.
In reaching the decision of what band is appropriate, a Tribunal will consider a range of contextual factors, including seriousness of the offence(s), how the grievance was handled by the employer and the claimant’s vulnerability (if any). These factors will also assist a Tribunal in determining what end of each band is best suited to compensate the claimant.
Accordingly, it is essential that effective policies are in place to deal with discrimination-based grievances and prevent future incidents from occurring. Employers should always ensure that employees are aware of and have access to relevant policies. Regular training should also be provided, and legal advice should be sought where there is any doubt about how to handle an incident.
If you have queries, concerns or require any assistance with raising or handling a grievance arising from alleged discrimination, please contact a member of the Employment team at Glaisyers ETL.
