TRIBUNALS - 26.04.2022

Annual increases to injury to feelings awards

The latest bands for injury to feelings awards in discrimination claims have now been published. What are they and what determines which band applies?

Vento band increases

Where, in a discrimination or harassment claim brought under the Equality Act 2010 , an employment tribunal awards compensation to a successful claimant for injury to their feelings, that award will fall into one of three “ Vento bands”. The Presidents of the Employment Tribunals in England and Wales and Scotland have now issued a Fifth Addendum to their Presidential Guidance uprating those bands to take account of inflation (see Follow up ). For discrimination claims presented on or after 6 April 2022, the three bands are: (1) a lower band of £990 to £9,900 for less serious cases; (2) a middle band of £9,900 to £29,600; and (3) an upper band of £29,600 to £49,300 for the most serious cases.

Pro advice. The most exceptional cases are capable of exceeding £49,300.

Scottish claims

For Scottish claims, the tribunal also has discretion to conclude that the “Simmons v Castle” 10% uplift is not to be applied (and the uprated Vento bands adjusted accordingly).

Fifth Addendum to Presidential Guidance

The lower band is now £990 to £9,900, the middle is £9,900 to £29,600 and the upper is £29,600 to £49,300. The applicable band reflects the severity of the discrimination.

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