The upraded Vento Bands for injury to feelings compensation have been published following consultation.

The “Vento Bands” consultation, launched by the Presidents of Employment Tribunals in England & Wales and Scotland in July 2017, looked at the uprating of bands of compensation for injury to feelings in discrimination cases. The proposal to uprate the bands came as a result of a Court of Appeal case, De Souza v Vinci Construction (UK) Ltd, in which it was decided that compensation for injury to feelings and personal injury in discrimination cases should be increased by 10% to take inflation into account.

The new bands will apply to any claims issued on or after 11 September 2017 and the increases from the current Vento bands are:

BAND VENTO NEW BAND
Lower – for less serious cases £500 – £5,000 £800 – £8,400
Middle – for serious cases which do not merit being in the higher band £5,000 – £15,000 £8,400 – £25,200
Upper – the most serious cases £15,000 – £25,000 £25,000 – £42,000
Exceptional cases Over £42,000

For any claims presented before 11 September 2017 it will be open to the tribunal to adjust the bands to reflect inflation, and Presidential Guidance will be issued which will include the methodology for doing this.

The new bands will be reviewed in March 2018 and annually thereafter.

COMMENT

The new bands represent a significant increase in the potential compensation for injury to feelings. Aside from injury to feelings, successful claimants can also pursue loss of earnings and there is no cap on compensation for discrimination. Equality and diversity training is a useful tool to help minimise the risk of discrimination claims within your organisation.

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