- 05 April 2023
The Presidents of the Employment Tribunals in England and Wales and Scotland have updated the Vento bands used for calculating awards for injury to feelings in Employment Tribunal claims.
‘Injury to feelings’ is a compensatory award of damages, which the Tribunal can award to compensate an employee for emotional suffering resulting from the treatment that they have been subjected to, forming the basis of their claim. This compensation is considered separately from any claim for financial loss such as loss of earnings.
Tribunals ultimately have discretion as to what amount of compensation to award, but the Vento bands will be considered when determining this amount.
In respect of claims presented on or after 6 April 2023, the Vento bands are:
- Lower band of £1,100 to £11,200 (less serious cases)
- Middle band of £11,200 to £33,700 (cases that do not merit an award in the upper band)
- Upper band of £33,700 to £56,200 (the most serious cases)
As set out above, the most exceptional cases capable of exceeding £56,200.
‘Injury to feelings’ is a compensatory award of damages.
What can employers take from this?
It’s that time of the year again when we expect to receive updates in employment law, however such increases show the significant increases there has been to inflation. Awards for such cases that relate to discrimination, harassment and whistleblowing detriments will be considered in accordance with the Vento bands and demonstrates how such awards will be made on a case-by-case basis. The tribunal will take into account a range of factors, including the upset, distress or hurt caused to the claimant, the seriousness of the unlawful treatment, and any medical condition with which the claimant suffers.
Another related aspect is the Worker Protection (Amendment of Equality Act 2010) Bill which considers if claims can be pursued for harassment by third parties. This Bill is currently being reviewed by the House of Lords (second reading). If this bill was to become law, the Vento bands would also apply to these types of claims. In addition to the factors mentioned above, the tribunal would need to consider if an employer has taken all reasonable steps to prevent sexual harassment of its employees in the course of their employment.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.
About this article
SubjectIncrease to Vento Bands – 6 April 2023
Published05 April 2023
Read, listen and watch our latest insights
- 28 February 2024
- Commercial Real Estate
Hidden risks in serviced office agreements
This is usually a fully furnished and equipped office space that is managed by a facility management company and made available for short-term or long-term rentals to businesses, varying from one week to a year, or even longer.
- 27 February 2024
Changing Attitudes to Menopause
We have set out some answers to the frequently asked questions that employers ask when considering how to support a menopausal employee.
- 22 February 2024
Time to take the heat off menopausal women
On 22 February 2024, the EHRC released guidance and resources for employers designed to help employers understand their legal obligations in relation to supporting workers experiencing menopausal symptoms.
- 22 February 2024
Talking Employment Law: What to do if you’re at risk of redundancy
In this podcast, Harry Berryman and Rebecca Dowle, members of the employment team, will talk through the steps that need to be taken for a redundancy to be fair and the range of criteria that can be used when determining which employees will be made redundant.
- 21 February 2024
FAQs Partner Visa UK
Discover the UK Spouse Visa: eligibility, finances, relationship criteria, and the latest updates in 2024 for a successful application.