The Presidents of the Employment Tribunals in England and Wales and Scotland have issued joint guidance on awards for injury to feelings. This is an award of damages aimed as a remedy for the degradation suffered by employees and is considered separately from any claim for financial loss such as loss of earnings. Tribunals have a discretion as to what to award but they will take into account these Vento bands.
The bands differ slightly from those outlined in the Presidential Guidance issued on 5 September 2017 (which still apply to claims presented before 6 April 2018) and have been considered in line with the Retail Price Index and the uplift in the case of Simmons v Castle.
For claims presented in England and Wales on or after 6 April 2018, the following bands will apply:
- For less serious cases: a lower band of £900 to £8,600 (previously £800 - £8,400).
- For more serious cases: a middle band of £8,600 to £25,700 (previously £8,400 to £25,200).
- For the most serious cases: an upper band of £25,700 to £42,900 (previously £25,200 to £42,000).
- In exceptional circumstances, awards can exceed £42,900.
For claims presented in Scotland, it remains the case that the tribunal will have discretion to conclude whether the Simmons v Castle uplift of 10% will apply or not. If this is the case, the tribunal will have to show its reasoning for reaching that conclusion in its judgment and adjust the figures accordingly in line with the newly uprated Vento bands.