If successful in a claim for discrimination, compensation may be awarded to include an amount for injury to feelings. There are three bands of potential awards for injury to feelings as set out in in the case of Vento -v- Chief Constable of West Yorkshire Police. This compensation is in addition to other financial losses.
The Three "Vento" Bands
The Lower Band is for “less serious cases, such as where the act of discrimination is an isolated or one-off occurrence”.
The middle band is “for serious cases, which do not merit an award in the highest band”.
The top band for “the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment on the grounds of sex or race”.
Presidential Guidance was recently issued taking into account inflation to increase these bands for claims presented on or after 6 April 2022 as referred to below.
- To avoid claims being brought against your business, regular training of staff in equal opportunities is fundamental. This may also provide a defence to discrimination claims.
- Keep a paper trail as contemporaneous documents are crucial to defend Tribunal claims.
- Make sure you deal with any grievances raised as soon as possible.
- If you do receive a discrimination claim seek legal advice.
In respect of claims presented on or after 6 April 2022, the Vento bands shall be as follows: a lower band of £990 to £9,900 (less serious cases); a middle band of £9,900 to £29,600 (cases that do not merit an award in the upper band); and an upper band of £29,600 to £49,300 (the most serious cases), with the most exceptional cases capable of exceeding £49,300.