Presidents propose uplift of the Vento Bands

In July 2017 the presidents of the Employment Tribunals issued a joint judicial consultation on the proposed changes to the Vento guidelines.


The Vento Bands were established in the Court of Appeal case, Vento v Chief Constable of West Yorkshire Police. Three bands of compensation for injury to feelings awards to be were identified as follows:

  • Less serious cases (lower band) – £500 - £5,000
  • Serious cases (middle band) - £5,000 - £15,000
  • Most serious cases (upper band) - £15,000 - £25,000, with exceptional serious cases exceeding £25,000.

There was then a 20% uplift to the bands (in line with inflation in 2009) by the Employment Appeal Tribunal in Da’Bell v NSPCC and it was advised that Tribunals could adjust the bands in individual cases where there is ‘cogent evidence’ of rate change in the value of money.

Future uplift

The recent judicial consultation intends to bring clarification following the Court of Appeal’s ruling in Pereira de Souza v Vinci Construction UK Ltd that the 10% uplift to general damages in civil claims for matters such as pain and suffering or mental distress (the Simmons v Castle uplift) should correspond to injury to feelings in awards from the Tribunal.

The Presidential Guidance considers adjustment to the Vento figures for inflation. It seeks confirmation whether this is the correct measure to be applied, especially as it is used for assessment of general damages in personal injury cases.

The Guidance states that the new bands would apply to any claim presented on or after the date of its publication and the bands would then be uprated every 12 months thereafter without further consultation and based upon the most recent RPI value available. The bands would be rounded up or down to the nearest £1,000.

The Presidents are seeking responses by Friday, 25 August 2017 on whether RPI is the appropriate index in connection with uprating of awards and a stance on the proposed approach of the Vento bands.

An uplift of the Vento bands will in no doubt encourage early settlement, and employers should consider Settlement Agreements as an alternative to Tribunal proceedings, especially in less serious cases as the recent UNISON fees ruling means more claims are likely to be brought.


If you would like more information or advice relating to this article or an Employment law matter, please do not hesitate to contact Chris Cook on 01727 798098.

© SA LAW 2022

Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.

Read the latest Employment Views & Insights
They seek to understand their clients and advise accordingly to achieve the outcomes that they require for their business needs.
Chambers and Partners
SA Law Work Life red mug and glasses
SA Law - Lightbulbs image with fillament
Views & Insights
Holiday Pay for Part Year Workers

Under the Working Time Regulations, the 5.6 weeks’ annual leave entitlement must not be pro-rated for part-year workers on permanent contracts.

Read More
Red and yellow leaves, blue sky SA Law
Views & Insights
Why does employment status matter?

How do you know if your staff are employees, workers or self-employed, and what difference does it make?

Read More
SA Law light moving
Views & Insights
What directors can learn from the collapse of NMCN

CFOs and other directors can use the collapse of NMCN to put their own house in order and help ward of the impact of recessionary forces.

Read More
Phone Box with Man in a Bowler Hat
As there is so much expertise on offer from SA Law they can provide a legal expert on all areas so that it can be handled under one roof.
Legal 500
Join our team puzzle piece SA Law
Views & Insights
SA Law expands employment team

SA Law is proud to welcome James Cresswell and Stephanie Clarke to its employment team, bringing the team size up to seven qualified lawyers.

Read More
Stained glass window Employment SA Law
Views & Insights
Insolvency insights - the NMCN collapse

Insolvency solicitor, Helen Young and employment lawyer Nishma Chudasama consider what accountants can learn from the failure of NMCN.

Read More
SA Law Changes Clock
Views & Insights
Trialling the 4-day working week

70 businesses are taking part in a 4-day working week trial, for no loss of pay. What could this mean for employers, employees and customer service?

Read More
GDPR Numbers Image SA Law
Views & Insights
The Future of Data Protection in the UK

'UK GDPR' - What is the Data Reform Bill?

Read More
They are knowledgeable, with a commercial mindset, but also down to earth and friendly so it is easy to be very honest with them.
Chambers and Partners