TRIBUNALS - 18.05.2018

Further injury to feelings awards increases

Vento bands increase. Where compensation is awarded in a discrimination claim brought under the Equality Act 2010 for injury to the claimant’s feelings, it will fall into one of three “Vento bands” . The Presidents of the Employment Tribunals in England and Wales and in Scotland have now issued an addendum to their Presidential Guidance uprating the bands to take account of inflation (see Follow up ). For claims presented to tribunal on or after 6 April 2018, the three bands are: (1) a lower band of £900 to £8,600 for less serious cases; (2) a middle band of £8,600 to £25,700 for those cases that don’t merit an award in the upper band; and (3) an upper band of £25,700 to £42,900 for the most serious cases, with the most exceptional cases capable of exceeding this.

Scotland. For claims presented in Scotland, the tribunal also has the discretion to conclude that the “Simmons v Castle” 10% uplift is not to be applied as a matter of Scots law (and the uprated “Vento bands” adjusted accordingly). In this case, the tribunal must show its reasoning for its conclusion in its judgment.

Addendum to Presidential Guidance

£42,900 can potentially be awarded by the tribunal in respect of injury to the claimant’s feelings in a “serious” discrimination claim. However, less serious cases will attract an award in the lower £900-£8,600 band.

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