For Employment Tribunals claims presented on or after 6 April 2023, the compensation (Vento bands) for injury to feelings awards in unlawful discrimination and whistleblowing cases have now increased to:

• A lower band of £1,100 to £11,200 (for one off incidents or less serious cases).

• A middle band of £11,200 to £33,700 (for multiple incidents or cases that are more serious but do not merit an award in the upper band).

• An upper band of £33,700 to £56,200 (for the most serious cases, such as ones involving long-standing instances of discriminatory behaviour from an employer towards an employee).

On top of that, the most exceptional cases are capable of exceeding £56,200.

The bands are known as the Vento bands after the 2002 case in which the guidance was first set out – Vento v Chief Constable of West Yorkshire.  The bands are assessed on an annual basis, taking into account the rate of inflation for that year.  This year, the increases are substantial due to the current economic climate.

An injury to feelings award is intended to compensate a claimant for the humiliation, degradation, hurt and distress they have suffered as a consequence of their employer’s conduct towards them, which is either (a) unlawfully discriminatory and/or (b) an unlawful detriment suffered, having blown the whistle on an unlawful act (whistleblowing).  Injury to feelings awards are entirely discretionary and they are made at some level in most successful discrimination claims and in most successful whistleblowing claims. They are awarded to reflect the injury to feelings suffered by a worker, instead of being perceived as a punishment to the employer.  Consequently, the more a claimant comes across as having been “damaged” by the unlawful treatment they have received, the higher the likely discretionary award they will get.  Damages awarded for injury to feelings are entirely separate from compensation for financial losses.  An award of injury to feelings can be made whether or not the claimant has suffered any financial loss as a result.  It can be a considerable component of a claimant’s overall award from an Employment Tribunal.  It is very important to get as much evidence together as possible, to support a claim for as high a level of award as possible.

When deciding whether to make an injury to feelings award or not, an ET will consider all of the relevant facts of the claim, which include:

• The vulnerability of the claimant.

• The seriousness of the treatment they have been subjected to.

• What impact the treatment has had on them.

• Any medical condition that the claimant suffers from.

• The degree of upset or stress caused to the claimant.

• The employment role of the person who has committed the prohibited act.

• How any grievance lodged by the claimant has been handled by the employer.