Discrimination compensation – update on the guidelines for injury to feelings awards
Guidelines for the amount of compensation to be awarded for injury to feelings in discrimination claims have been significantly updated. Unlike unfair dismissal compensation, which is limited to financial loss, discrimination compensation can also cover non-financial loss. In most cases, this will include an injury to feeling award. The leading case of Vento v Chief Constable of West Yorkshire Police (No 2)  IRLR 102 set out three bands for the potential awards for injury to feelings in discrimination claims. Regularly referred to as the ‘Vento bands’, these include a lower band, middle band, and top band which outline the amounts available for compensation depending on the seriousness of the case.
The Presidents of the Employment Tribunals in England & Wales and in Scotland have now issued updated guidance which amends the bandings, taking into account inflation. For claims presented on or after 6 April 2022, the bands will be as follows:
- a lower band of £990 to £9,900 (less serious cases);
- a middle band of £9,900 to £29,600 (cases that do not merit an award in the upper band);
- an upper band of £29,600 to £49,300 (the most serious cases); and
- the exceptional cases will be capable of exceeding £49,300
However, claims presented in Scotland will remain subject to the bands in paragraph 12 of the Presidential Guidance issued on 5 September 2017.
If you would like any further information in relation to this topic, please contact a member of the Employment team.