The Presidents of the Employment Tribunals in England & Wales and Scotland have issued a joint Second Addendum, updating earlier Presidential Guidance issued on 5 September 2017, announcing the rates payable for the three bands that are used by Employment Tribunals when assessing the amount of compensation payable for injury to feelings in discrimination and whistleblowing cases. These are often called the ‘Vento’ bands, after the 2002 case in which the Court of Appeal gave guidance on this issue (Vento v Chief Constable of West Yorkshire Police).
The new rates take account of the Retail Prices Index and apply to claims presented on or after 6 April 2019. They are as follows:
- Lower band – between £900 and £8,800. Awards in this range are appropriate where the act of discrimination is an isolated or one-off occurrence;
- Middle band – between £8,800 and £26,300. Awards in this range are made in serious cases but where an award in the top band is not merited; and
- Top band – between £26,300 and £44,000. Awards in this range are made in the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment. Only in exceptional circumstances will a compensation award for injury to feelings exceed the upper limit.