If an employee is successful in their discrimination claim, an Employment Tribunal has the ability to make an award for compensation for injury to feelings. Injury to feeling awards are distinct from financial compensation (such as loss of earnings) and are meant to address the emotional distress caused by discriminatory actions.
The criteria for assessing such injury to feelings was borne out of case law, where in the case of Vento v Chief Constable of West Yorkshire Police (2003), the Court of Appeal set guidelines when assessing compensation for injury to feelings (the Vento bands).
What are the Vento Bands?
The Vento bands are structured guidelines used by Employment Tribunals in successful discrimination claims when assessing compensation for the emotional distress caused by discrimination within the workplace.
The Vento bands are divided into three categories, each representing a different level of harm or distress experienced by the employee. These bands are updated annually, and the increased amounts from 6 April 2025 are as follows:
- Lower Band: £1,200 to £12,100 for less serious cases. This category typically covers isolated instances of discrimination and brief or less severe discriminatory actions.
- Middle Band: £12,100 to £36,400 for claims that do not qualify for an award in the upper band. This category is applied to sustained or repeated discriminatory treatment resulting in a significant negative impact on an employee’s dignity, and incidents that cause substantial emotional distress.
- Upper Band: £36,400 to £60,700 for the more serious cases. This category encompasses extremely severe instances of discrimination, prolonged and malicious discriminatory behaviour involving multiple discriminatory actions which has a severe psychological impact on the victim.
In exceptional circumstances, awards can exceed the top band, but rarely are awarded in practice.
Factors Considered by Employment Tribunal
When determining whether to award injury to feeling compensation, an Employment Tribunal will take into account all pertinent details of the claim, some considerations include:
- The vulnerability of the individual
- The severity of the treatment the worker has experienced
- The effect the treatment has had on the individual
- Any medical conditions the individual may have and if the treatment has exacerbated such conditions
- The level of distress or upset caused to the individual
- The job position of the individual who committed the discriminatory act
- The manner in which the employer addressed the employee’s grievance
Whilst the frequency of the discrimination is a relevant factor, such as whether it was a one off incident or an ongoing course of conduct, a standalone incident will not always result in an award in the lower band. Likewise, a protracted course of discriminatory behaviour does not always result in an award in the middle or top band.
It’s important to note that even if an employee has suffered no financial loss, they may still be able to claim compensation for injury to feelings if they succeed in a discrimination claim.
Why Professional Legal Guidance Matters
Employers could therefore be facing significant liabilities if employees bring successful discrimination claims; especially as compensation can be uncapped in these types of claims.
It is important to note that employers can be vicariously liable for the discriminatory actions of their employees. In addition, individuals who are the perpetrator of the discriminatory behaviour could also be named as respondents in discrimination claims. This was the case in Baldwin v Cleves School and ors [2024] EAT 66, where employees who had engaged in discriminatory acts in the course of their employment were held to be liable for their acts of discrimination.
Employers can reduce the risk of such claims by ensuring they have up to date policies on equality, diversity & inclusion, and anti-harassment & bullying. However, it is not enough to just have these policies in place, employers should ensure that staff are provided with adequate and regular training, including managers.
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At our firm, we are dedicated to supporting our clients through every step of their legal journey. If you believe you have experienced discrimination in the workplace or are a business defending a discrimination claim, please reach out to our employment law team for expert guidance and representation. We would also be happy to discuss any policy documentation or handbook updates your business may require.
How can we help?
Laura Burnett is an Associate Partner in our Employment Law team.
For further information on the above subject, please contact Laura or another member of the team on 0330 111 3131 or via our contact form.