Vento Bands Update 2023
New tiered values for compensation for damages payable for injury to feelings and psychiatric injury have been raised following a Government consultation.
The Vento bands are awarded by the Employment Tribunals of England, Wales and Scotland and set out clear guidelines for the amount of compensation to be awarded for injury to feelings in discrimination claims brought.
The changes will take effect, and will apply to claims presented, on or after 6 April 2023.
Nazia Kausar, solicitor in the Employment Law team at Wake Smith Solicitors, looks at the new ratings.
This article covers:
- What are the Vento bands?
- The new band values
- The original and previous band values
- Your next move?
What are the Vento bands?
Vento bands are tiered values for compensation for damages payable for injury to feelings and psychiatric injury awarded by the Employment Tribunals of England, Wales and Scotland.
Their name is derived from the case of Vento v Chief Constable of West Yorkshire Police (No. 2)(2003) when the Court of Appeal of England and Wales identified three broad bands of compensation for injury to feelings awards which were distinct from compensation awards for psychiatric or similar personal injury.
The new band values
The updated Vento guidelines have been released, following a consultation on March 24, 2023. The Vento bands are now:
- Lower band: £1,100.00 to £11,200.00 (this is for the least serious cases, one off discriminatory act)
- Middle band: £11,200.00 to £33,700.00 (serious cases, but not appropriate for the high band)
- Upper band: £33,700.00 to £56,200.00 (more serious cases, where there has been a lengthy campaign of discriminatory harassment)
The original and previous band values
When first introduced, the lower band was initially set at £500 to £5,000 (less serious cases); the middle band was set at £5,000 to £15,000 (cases that did not merit an award in the upper band); and the upper band was set at £15,000 to £25,000 (the most serious cases), with the most exceptional cases capable of exceeding £25,000.
In 2017, following the decision of the Court of Appeal in England and Wales in De Souza v Vinci Construction (UK) Ltd 2017, the Presidents of the Employment Tribunals in England and Wales and in Scotland proposed an increase and they were uprated from 11 September 2017 to The revised bands were: £800 to £8,400 (less serious cases); a middle band of £8,400 to £25,200 (cases that did not merit an award in the upper band); and an upper band of £25,200 to £42,000 (the most serious cases), with the most exceptional cases capable of exceeding £42,000.
Your next move?
If you need any assistance with regard to the new payments and limits and/or the Vento bands, please contact Nazia Kausar in the Wake Smith Employment Law team 0114 224 2027 or email [email protected]
Published 28/03/23
