The ranges against which injury to feelings compensation is assessed, known as Vento bands after the case Vento v The Chief Constable of West Yorkshire Police, have been increased as of 6th April 2024
The Vento band amounts are:
Injury to feelings compensation is in addition to standard unfair dismissal awards and is still essentially uncapped and could be more than the higher band - but will only exceed £58,700 in extremely serious and exceptional cases - but it is of note that it can!
Injury to feelings compensation is not based on financial loss and is only awarded in successful discrimination and whistleblowing cases.
It is not available in solely unfair dismissal cases, where compensation is limited to financial loss.
This means that a claimant who wins a discrimination or whistleblowing claim can get compensation even where they have suffered no, or little, financial loss, for example where they have stayed in employment or left but got a new job very quickly after.
When assessing injury to feelings compensation, the Tribunal will focus on the effect that the discriminatory act has had on the particular claimant and many factors can be taken into account, for example, if the claimant is suffering from a medical condition, their personal characteristics and any effect the discrimination had on their career, to name just a few.
It is the effect on the claimant that is scrutinised in deciding which Vento band the appropriate compensation should fall within and it is of note that injury to feelings compensation can also be subject to the 25% uplift where the ACAS Code has not been followed. This can mean hefty sums in cases where the injury to feelings award is in the upper band or beyond!
Successful discrimination or whistleblowing claims can, therefore be, extremely costly for your organisation as well as giving rise to reputational damage. If you have any concerns about this or want to know how to reduce your risk of such claims, please feel free to get in touch with us for a free, initial chat.
The guidance on employment tribunal awards for injury to feelings compensation has been updated to account for inflation.