Injury to Feelings Compensation in Discrimination
A successful discrimination claim will result in the award of compensation for loss of earnings and for injury to feelings. The assessment of the latter is calculated by reference to the Vento bands.
A lower, middle and upper banding is used by tribunals and whilst there is scope to adjust the bands the recent guidance from the President of the Employment Tribunals will be applied in respect of all employment tribunal claims issued after 11 September 2017 where an injury to feelings award is made.
Current Vento bands are now set at:
Lower Band of £800 to £8,400 (less serious cases)
Middle Band of £8,400 to £25,200 (cases that do not merit an award in the upper band)
Upper Band of £25,200 to £42,000 (the most serious cases)
When the Vento bands were introduced in 2002 the upper band was set at £15,000 to £25,000 and it was rare to see an award exceed £25,000. However the amounts can add significant sums to the loss of earnings compensation award and employees may seek to use the new amounts as reasons to increase settlement offers that may have been made pre-issue of tribunal claims.