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Compensation in discrimination and whistleblowing claims in the Employment Tribunal can include an award for “injury to feelings”.
When assessing the level of the award to be made, the Tribunal is guided by what are known as the Vento Bands, which were established following the case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR 102.
The figures that were first established are now increased annually in line with inflation and the new Vento Bands to take effect in respect of claims issued on or after 6 April 2024 are as follows:
- A lower band of £1,200 to £11,700 for less serious cases
- A middle band of £11,700 to £35,200 for cases that do not merit an award in the upper band
- An upper band of £35,200 to £58,700 for the most serious cases with the most exceptional cases capable of exceeding £58,700
The assessment of an injury to feelings award is not an exact science, and the Tribunal will take various factors into account when determining which band the award should fall into. For example, the effect on the claimant’s career, any medical condition the claimant suffers from and personal characteristics of the claimant. The award should be compensatory for the claimant, and not punitive for the employer so, even if the claimant asserts that their claim merits an award in the upper band, the Tribunal could determine otherwise and award a lower amount of compensation than that which the claimant is seeking.
The Tribunal produces compensation statistics quarterly, and statistics in relation to the final quarter of 2023/2024 are awaited.
Advice
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