Increase to damages bands for injury to feelings and psychiatric injury

The Presidents of the Employment Tribunal in England, Wales and Scotland have released a joint response to the Vento Bands Consultation (named after the case Vento v Chief Constable of West Yorkshire Police in which these bands were originally set out). These bands apply to discrimination cases, as well as other specific types of claim such as whistleblowing.

The new bands take account of inflation, as well as the 10% uplift to psychiatric injury or injury to feelings awards (ordered by the Court of Appeal in Da Souza v Vinci Construction).

The new bands are as follows:

• Lower Band – Less serious cases: £800-£8,400
• Middle Band – Cases which do not merit an award in the upper band: £8,400-£25,200
• Upper Band – Most Serious Cases: £25,200-£42,000
• Exceptional Cases – £42,000+

This new guidance will take effect from 11 September 2017 and will apply to claims presented to an employment tribunal on or after that date. For claims before this date, tribunals will have the option of adjusting the bands to reflect inflation and the Presidential Guidance will set out the methodology for doing so.

The Guidance will be reviewed and if necessary, amended to take account of inflation again in March 2018 and annually thereafter, with the new bands taking effect on the following 6^th April, if applicable.

Please speak to a member of our employment team if you require further information.