Vento bands: Increases to discrimination compensation announced

From 6 April 2022, the ‘Vento’ bands for injury to feelings awards in the Employment Tribunal will be increased to take account of the RPI measure for inflation.

The Vento guidelines (established in the case of Vento v Chief Constable of West Yorkshire Police) set out a multi-band scale of damages for Employment Tribunal awards in successful discrimination claims in respect of injury to feelings. The ‘Vento bands’ are updated every year in line with inflation by the Presidents of the Employment Tribunals in England & Wales and Scotland.

For claims submitted on or after 6 April 2022, the Vento bands will be as follows:

• £990 to £9,900 for less serious cases;
• £9,900 to £29,600 for more cases that do not warrant an upper band award;
• £29,600 to £49,300 for the most serious cases; and
• £49,300 or more for only the most exceptionally serious cases.

Cases presented between 6 April 2021 and 5 April 2022 will continue to be governed by the 2021 Vento bands (which can be found here https://www.judiciary.uk/wp-content/uploads/2013/08/Vento-bands-presidential-guidance-April-2021-addendum-1.pdf).

Employers (and individuals) defending discrimination claims should note that the Vento bands only set out guidelines for damages arising from injury to feelings, and any Respondent to such a claim will also need to be mindful of the other losses a Claimant might seek, such as loss of earnings, or in more serious cases aggravated damages or exemplary damages. If a Claimant is also bringing a claim of unfair dismissal, they are likely to also seek a ‘basic award’ based on a statutory calculation linked to the Claimant’s age, weekly earnings and length of service.