Increase to Injury to Feelings Awards

Further to our previous blog on the tribunals issuing a response to the Vento band consultation for cases presented from 11 September 2017, the Presidents of the Employment Tribunals in England, Wales and Scotland have now issued updated joint guidance increasing the Vento bands used to calculate awards for injury to feelings (most commonly seen in discrimination and whistleblowing claims).

Under the new guidance, for claims presented on or after 6 April 2018, the bands are increased to:

• £900 to £8,600 for lower band cases (for less serious or one-off incidents);
• £8,600 to £25,700 for middle band cases (for those not justifying the higher band); and
• £25,700 to £42,900 for higher band cases (for the most serious cases).

The guidance also sets out that in exceptional cases an award exceeding £42,900 may be made.

Employers need to take note of the significant increases to the levels of the bands (the highest value of the Vento bands for injury to feelings prior to the September 2017 response was £33,000), which in turn are likely to raise the value of discrimination and whistleblowing claims.