“Injury to feelings” compensation can be awarded in successful discrimination cases. The Equality Act 2010 expressly provides that compensation for discrimination may include (or be entirely made up of) compensation for injury to feelings. This is a separate award from an award of compensation for financial loss (where applicable).
In the leading case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR102, the Court of Appeal set out clear guidelines for the amount of compensation to be given for injured feelings and set out 3 bands of potential awards. These are made up of a lower, middle and top band.
Under the Employment Tribunal’s Presidential Guidance, the relevant Vento bands have been updated, to take account of inflation.
Joint Presidential Guidance has been issued today (28 March 2022) from the Presidents of the Employment Tribunals in England and Wales and in Scotland updating the bands. Therefore, for any claims presented on or after 6 April 2022, the Vento bands will be as follows:-
- Lower band – £990 to £9,900 (which is awarded in less serious cases);
- Middle band – £9,900 to £29,600 (cases that do not merit an award in the upper band); and
- Upper band – £29,600 to £49,300 (for the most serious cases, with the most exceptional cases capable if exceeding £49,300.)
Should you require advice in relation to any discrimination claim, or the defence of a discrimination claim, please do not hesitate to contact our specialist team today.
