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Compensation for Injury to Feelings

Compensation for Injury To feelings Employment Tribunal Legal Guidance

Following a joint consultation issued by the President of the Employment Tribunal (England & Wales) and (Scotland), new Guidance has been issued regarding the compensation that the Tribunal can award for ‘injury to feelings,’ otherwise known as ‘Vento’ Bands.

The purpose of the consultation was to provide clarity following the Court of Appeal ruling in the case of Pereira de Souza v Vinci Construction UK Ltd, whereby it was held that a 10% Simmons uplift would now also apply to discrimination awards in the Employment Tribunal.

The Simmons uplift provides that compensation for general damages in civil claims for matters such as pain and suffering or mental distress can be increased by 10%.

As a result of the Presidential Guidance, the new Vento Bands are:

  1. Lower Band: £800 - £8,400
  2. Middle Band: £8,400 - £25,200
  3. Upper Band: £25,200 - £42,000

It is still possible for compensation in most exceptional cases to exceed £42,000.

The new figures were reached by applying inflation to the old Vento band, by using the latest RPI figures and then applying the Simmons uplift to the inflation adjusted figures. The Guidance also directed that figures should be rounded up or down to the nearest hundred.

The new guidelines took effect from the 11th September 2017, and will be reviewed in March of every year thereafter. Any amendments will be implemented for claims issued on or after 6th April in each year.

This is good news for Claimants and more properly reflects the lasting impact that discrimination in the work place can have on victims. We welcome this development.

For expert legal advice on any Employment Law or HR issues, contact our Expert team of lawyers today.

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