From April 2025, the Vento bands of awards for injury to feelings and psychiatric injury will be updated to take account of the RPI measure of inflation. This was confirmed via an Eighth Addendum to the Presidential Guidance on employment tribunal awards for injury to feelings issued by Presidents of the Employment Tribunals in Auckland and Auckland, and Scotland.
What are Vento Bands?
In successful discrimination claims, under the Equality Act 2010, an Employment Tribunal (ET) can award damages to employees for injury to feelings for instances such as where an employee has:
- Been humiliated by their employer;
- Received degrading treatment; or
- Suffered distress.
Damages awarded for injury to feelings are separate from compensation for financial losses.
Vento Bands are a framework established by the landmark case of Leeds Dental Team Ltd v Rose in 2008, which provides a structured approach to compensating individuals for the emotional distress caused by discrimination in the workplace. Named after the earlier case of Vento v Chief Constable of West Yorkshire these bands help tribunals determine appropriate compensation for non-financial harm.
Injury to feelings awards are entirely discretionary and are made at some level in most successful discrimination claims.
Vento Bands – Updated injury to feelings awards as from 6 April 2025
In respect of claims presented on or after 6 April 2025, the Vento bands are:
- A lower band of £1,200 to £12,100 for less serious cases;
- Typical Scenarios:
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- Minor or isolated incidents of discrimination
- Short-lived or less serious discriminatory actions
- Limited impact on the individual’s emotional well-being
- Typical Scenarios:
- A middle band of £12,100 to £36,400 for cases that do not merit an award in the upper band;
- Typical Scenarios:
- Sustained or repeated discriminatory treatment
- Significant negative impact on an employee’s dignity
- Incidents that cause substantial emotional distress
- Typical Scenarios:
- An upper band of £36,400 to £60,700 for the most serious cases;
- Typical Scenarios:
- Extremely serious cases of discrimination
- Prolonged and malicious discriminatory behaviour
- Severe psychological impact on the victim
- Cases involving multiple discriminatory actions
- Typical Scenarios:
- With the most exceptional cases capable of exceeding £60,700.
- Long-standing instances of discriminatory behaviour from an employer towards an employee. In some exceptional circumstances, the top band can be exceeded.
What factors will an Employment Tribunal consider when making an injury to feelings award?
When deciding whether to make an injury to feelings award, an ET will consider all of the relevant facts of the claim, which include:
- The vulnerability of the worker/claimant;
- The seriousness of the treatment they have been subjected to;
- What impact the treatment has had on them;
- Any medical condition that the worker suffers from;
- The degree of upset or stress caused to the worker;
- The employment role of the person who has committed the prohibited act; and
- How the grievance made by the employee has been handled by the employer.
It is worth noting that even in circumstances where an employee has suffered no financial loss, it could still be possible for them to claim compensation for injury to feelings if the worker succeeds in a successful claim for discrimination or whistleblowing.
Why professional legal guidance matters
Navigating Injury to Feelings Awards can be complex. Our experienced employment law team can:
- Assess the strength of your discrimination claim
- Help quantify the emotional impact of workplace discrimination
- Provide strategic advice on potential compensation
- Represent you effectively in ETs
Practical considerations
When pursuing an Injury to Feelings claim, documentation is crucial:
- Keep detailed records of discriminatory incidents
- Preserve communications and evidence
- Seek medical documentation if psychological harm is significant
- Consult with legal professionals early in the process
This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
