08 Apr 2021

Employment

New Vento Bands come into force

The Presidents of the Employment Tribunals of England & Wales and in Scotland have issued new guidance updating and increasing the Vento bands which came into force this week (6th April 2021).

What are Vento band guidelines?

In employment cases that involve unlawful discrimination, claimants can seek an award for “injury to feelings” as well as compensation for financial loss under the Equality Act 2010. In essence, this is an award for damages for things such as humiliation, degradation or distress suffered by the employee.

What are Vento band increasing to?

From 6 April 2021 the Vento bands have increased to the following;

  • Lower Band – £900 – £9,100 for less serious cases;
  • Middle Band – £9,100 – £27,400 for cases that do not merit an award in the upper band;
  • Upper Band – £27,400 – £45,600 for the most serious cases;
  • The most exceptional cases – exceeding £45,600

Does an employment tribunal always make award for injury to feelings?

Not always. It is an entirely discretionary award which tribunals can make using the Vento bands as guidance. It is therefore the tribunal’s role to consider the seriousness of the treatment and its degree of impact on the employee in order to determine which band applies and where in the band the subsequent award should fall.

What does this mean to employers?

It is important for employers to be aware that even when an employee suffers no financial loss, they may still be able to claim compensation for injury to feelings if they have grounds to bring a discrimination claim.

Whilst the Vento bands have been in force for almost two decades, it useful for employers to keep updated on these band increases in order to be able to assess their potential liability in any claim brought against them.

For further advice on the changes outlined above or any other employment matters please contact our head of employment, Daniel Wilde on wilded@hevans.com or 01633 244233.

 

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