Introduction to Vento Bands
Vento Bands are a set of guidelines used by UK Employment Tribunals to help determine the amount of compensation awarded for "injury to feelings" in discrimination cases. These bands were first established following the Court of Appeal’s decision in the case of Vento v Chief Constable of West Yorkshire Police (No. 2) in 2002. Their primary purpose is to ensure that compensation for emotional distress caused by workplace discrimination is fair, consistent, and proportionate to the severity of the harm suffered.
When someone experiences discrimination at work – such as on the grounds of race, sex, disability, age, religion, or other protected characteristics – they may be entitled to compensation for the emotional impact, even if they have not suffered financial loss. This is known as an "injury to feelings" award. The Vento Bands provide a framework to help tribunals decide how much to award, depending on how serious the discrimination was and its effect on the individual.
There are three Vento Bands, each reflecting a different level of seriousness:
- Lower Band: For less serious cases, such as an isolated or one-off incident.
- Middle Band: For cases that are more serious but do not merit the highest award.
- Upper Band: For the most serious cases, such as a lengthy campaign of discriminatory treatment.
These bands are reviewed regularly to keep up with inflation and changes in the law. For the most current figures and detailed guidance on how tribunals apply these bands – including recent updates and examples – you can read more about Vento Bands.
By using the Vento Bands, Employment Tribunals aim to make awards that are consistent across different cases, helping claimants and employers alike understand what to expect. This approach is part of the wider legal framework for addressing Workplace Discrimination, ensuring that those affected by discrimination have a clear route to fair compensation for the emotional impact they have suffered.
What Are Injury to Feelings Claims?
When someone experiences discrimination at work, the effects can go far beyond financial loss. Discrimination often causes emotional distress, humiliation, anxiety, or a loss of confidence. In UK employment law, the term “injury to feelings” describes this emotional harm suffered as a result of unlawful discrimination – such as being treated unfairly because of your race, gender, disability, religion, sexual orientation, or other protected characteristic.
Compensation for injury to feelings is a crucial part of making things right in discrimination cases. While you may be able to claim for lost wages or other financial losses, the emotional impact of discrimination is recognised as a separate harm. This means that, even if you have not lost money, you may still be entitled to compensation for the distress you’ve experienced. The right to seek compensation for injury to feelings is supported by UK legislation, including the Employment Rights Act 1996.
To help tribunals and courts decide how much compensation is appropriate, the law uses the Vento Bands. These are guideline ranges, set out by the courts, that help to quantify the level of compensation based on how serious the discrimination was. The Vento Bands take into account factors such as how long the discrimination lasted, its severity, and the impact it had on you. This approach ensures that awards for injury to feelings are fair and consistent across different cases.
If you’re thinking about making a claim, it’s important to understand how Compensation for Injury to Feelings works and what evidence you might need. You can also find practical guidance on the process and how compensation is calculated by reading Injury to Feelings Claims from Citizens Advice. This resource explains the different types of compensation available and what you should consider when preparing your claim.
In summary, injury to feelings claims recognise the real emotional impact of discrimination at work. Thanks to the Vento Bands, there is a structured way to value this harm, giving you a clearer idea of what compensation you might receive if your claim is successful.
The Three Vento Bands Explained
The Three Vento Bands Explained
When a tribunal awards compensation for injury to feelings in a workplace discrimination claim, it uses the Vento bands as a guide. These bands were established in the case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR 102 and are updated regularly to reflect inflation and changes in the law. The Vento bands help ensure that compensation is fair and consistent, based on the seriousness of the discrimination and its impact on the individual.
The Lower Band
The lower band is intended for less serious cases of discrimination. Typically, this band applies when the act of discrimination or harassment is a one-off or isolated incident, and the emotional impact on the individual is relatively mild.
Examples of situations that might fit the lower band:
- A single insensitive comment or joke related to a protected characteristic, such as age or race, which causes upset but not lasting distress.
- An isolated incident of being overlooked for a minor workplace opportunity due to discrimination.
- A brief period of exclusion or unfair treatment that is quickly addressed by the employer.
People awarded compensation in the lower band may have felt upset, offended, or embarrassed, but the effects are short-lived and do not result in long-term distress.
The Middle Band
The middle band covers cases where the discrimination or harassment is more serious, either because it is repeated or has a greater emotional impact. This band is used when the conduct is not the most severe, but has caused significant distress, anxiety, or loss of confidence.
Examples of situations that might fit the middle band:
- Repeated derogatory remarks or jokes about a person’s gender, disability, or other protected characteristic.
- Ongoing exclusion from team activities or meetings due to discrimination.
- A pattern of unfair treatment that affects the individual’s wellbeing or ability to do their job, but falls short of the most extreme cases.
In these cases, the individual may experience ongoing upset, stress, or loss of self-esteem, and the effects may persist for some time, but are not considered severe or long-term.
The Upper Band
The upper band is reserved for the most serious cases of discrimination or harassment. This includes situations where the behaviour is particularly offensive, prolonged, or has caused severe psychological harm.
Examples of situations that might fit the upper band:
- Sustained bullying or harassment over a long period, directly linked to a protected characteristic.
- Discrimination that leads to a breakdown in mental health, such as depression or anxiety requiring medical treatment.
- Particularly humiliating or degrading treatment, such as public ridicule or threats.
Awards in the upper band are for cases where the impact on the individual is profound, with long-lasting or even permanent effects.
Regular Updates to the Bands
It’s important to note that the financial values for each Vento band are reviewed and updated regularly by the Presidents of the Employment Tribunals in England, Wales, and Scotland. This ensures that compensation keeps pace with inflation and changing legal standards. When considering a claim, tribunals will refer to the most recent Vento guidelines to determine the appropriate range for injury to feelings awards.
Understanding which Vento band your case might fall into can help set realistic expectations about potential compensation. However, every case is unique, and the tribunal will consider all the circumstances before deciding on the appropriate award.
Lower Band
Lower Band
The lower band of the Vento guidelines applies to less serious cases of discrimination in the workplace. This category is intended for situations where the impact on the individual’s feelings has been relatively minor, even though discrimination has still occurred. The Vento bands are set out by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire Police (No. 2) [2002] EWCA Civ 1871, and are updated regularly to reflect changes in the cost of living.
What Counts as a Lower Band Case?
Cases that fall into the lower band usually involve one-off or isolated incidents, rather than a pattern of repeated or severe discriminatory behaviour. For example:
- A single, inappropriate comment made by a colleague or manager, which caused some distress but did not have a lasting impact.
- An isolated incident of being overlooked for a minor workplace opportunity due to a protected characteristic, such as age or race, where the emotional effect was short-lived.
- Situations where the individual felt slighted or embarrassed, but did not suffer ongoing anxiety, loss of confidence, or significant upset.
It’s important to note that even if the discrimination was not intended to cause harm, or the employer acted swiftly to address the issue, the employee may still be entitled to compensation if their feelings were hurt.
How Much Compensation Is Awarded?
The compensation amounts for the lower band are set at the lowest end of the Vento scale. As of April 2023, the lower band ranges from £1,100 to £11,200. These figures are reviewed annually by the Presidents of the Employment Tribunals to ensure they remain fair and up to date.
Tribunals will consider the specific facts of each case, such as:
- The nature of the discriminatory act.
- The context in which it happened.
- The effect on the individual’s feelings.
If the discrimination was genuinely minor and did not lead to any lasting emotional harm, the award is likely to be towards the lower end of the band.
Practical Advice for Claimants
If you believe your case falls into the lower band, it’s still important to provide evidence of how the incident affected you. Keeping a diary of events, saving any relevant communications, and being able to explain your feelings clearly can help support your claim.
Remember, even less serious cases of discrimination are taken seriously by employment tribunals, and you have the right to seek fair compensation for injury to your feelings under the Equality Act 2010.
Middle Band
Middle Band
The Middle Band of the Vento guidelines is used for cases of workplace discrimination where the injury to feelings is considered serious, but does not reach the most severe level. This band recognises that some acts of discrimination can have a significant and lasting impact on an individual, even if they fall short of the most extreme cases.
What Does the Middle Band Cover?
Cases that fall within the Middle Band often involve repeated or sustained discriminatory behaviour. This could include ongoing harassment, repeated offensive remarks, or a pattern of exclusion that causes considerable distress to the person affected. The key factor is that the discrimination goes beyond a single incident or minor slight, but is not so grave as to cause the most profound psychological harm.
Examples of situations that may fall within the Middle Band include:
- A manager repeatedly making derogatory comments about an employee’s race or religion over several months.
- Ongoing bullying or harassment related to a person’s gender, sexuality, or disability, leading to anxiety or loss of confidence.
- Being subjected to sustained negative treatment, such as being unfairly overlooked for promotions or training opportunities, because of a protected characteristic.
How Much Compensation Is Awarded?
The compensation amounts for the Middle Band are set out in the Vento guidelines, which are updated periodically by the courts. As of April 2023, the Middle Band typically covers awards between £11,200 and £33,700. These figures are intended to reflect the seriousness of the distress caused, but remain moderate compared to the highest band, which is reserved for the most extreme cases.
Practical Advice for Claimants
If you believe your experience of discrimination fits within the Middle Band, it is important to gather as much evidence as possible. This might include:
- Keeping a diary of incidents, including dates and details of what happened.
- Collecting emails, messages, or other written evidence of discriminatory behaviour.
- Seeking support from colleagues who witnessed the discrimination.
When assessing compensation, Employment Tribunals will consider the nature of the discrimination, how long it lasted, the impact it had on your wellbeing, and any steps your employer took (or failed to take) to address the problem.
Frequently Asked Questions
Is a single incident ever enough for the Middle Band?
Generally, the Middle Band is reserved for repeated or sustained behaviour. However, a single incident could qualify if it was particularly serious and had a significant impact.
Does it matter if I did not take time off work?
No, you do not have to have taken sick leave for your claim to fall within the Middle Band. The focus is on the emotional impact and distress caused by the discrimination.
Can the award be higher if I suffered financial loss?
The Middle Band specifically relates to injury to feelings. If you also suffered financial loss, such as lost earnings, you may be able to claim additional compensation separately.
Understanding where your case fits within the Vento Bands helps set realistic expectations and prepares you for what to expect if you bring a claim to an Employment Tribunal.
Upper Band
Upper Band
The upper band of the Vento guidelines is reserved for the most serious cases of discrimination in the workplace. This band applies when an employee has suffered severe or prolonged discrimination or harassment, resulting in significant emotional distress and a lasting impact on their wellbeing.
What Qualifies as an “Upper Band” Case?
Cases that fall within the upper band typically involve:
- Long-term or repeated discrimination: For example, a worker subjected to ongoing racist or sexist abuse over months or years.
- Severe harassment: Incidents that are particularly degrading, humiliating, or threatening, such as persistent bullying or intimidation.
- Major psychological impact: Where the discrimination has caused serious mental health issues, such as depression, anxiety, or post-traumatic stress, often requiring medical treatment or long-term support.
- Abuse of power: Situations where a person in a position of authority exploits their role to discriminate or harass, making it difficult for the victim to speak up or escape the situation.
Example Scenarios
- An employee is repeatedly denied promotions and subjected to offensive remarks because of their race, leading to a breakdown and the need for counselling.
- A worker is harassed over several years due to their sexual orientation, resulting in them leaving their job and suffering ongoing mental health issues.
- A disabled employee is consistently mocked and excluded by colleagues and management, causing them significant distress and a loss of confidence.
Compensation in the Upper Band
The compensation awarded in the upper band is the highest available for injury to feelings under the Vento guidelines. The exact amount is set by the Employment Tribunal and reflects the seriousness of the case and the impact on the individual. For the period from 6 April 2023, the upper band ranges from £33,700 to £56,200, with the most exceptional cases potentially exceeding this range.
How Do Tribunals Decide the Amount?
Tribunals consider several factors when deciding compensation within the upper band, including:
- The length of time over which the discrimination occurred.
- The severity and nature of the conduct.
- The effect on the victim’s mental and physical health.
- Whether the employer took any steps to stop or address the discrimination.
It is important to note that each case is assessed individually, and the tribunal will look at all the evidence before deciding on an appropriate award.
Practical Advice
If you believe your case may fall within the upper band, it is helpful to:
- Keep detailed records: Document incidents of discrimination, including dates, what happened, and any witnesses.
- Seek medical advice: If you are experiencing emotional or psychological distress, consult your GP or a mental health professional. Medical evidence can support your claim.
- Report incidents: Notify your employer or HR department in writing, if possible, to show that you raised your concerns.
Understanding where your case fits within the Vento bands can help you set realistic expectations about compensation and prepare your case effectively. If you are unsure, consider seeking advice from a legal professional or a specialist adviser.
How Vento Bands Are Used in Court
When a workplace discrimination claim reaches court, judges use Vento Bands as a framework to decide how much compensation should be awarded for injury to feelings. These bands set out three broad ranges of financial awards, reflecting the seriousness of the discrimination experienced by the claimant. The purpose is to ensure a fair and consistent approach to compensation across different cases.
Role of Vento Bands in Court Decisions
Vento Bands help judges determine an appropriate amount of compensation for injury to feelings, which is a separate element from any financial losses (such as lost earnings). The bands are not fixed amounts but are updated periodically to reflect inflation and changes in case law. Judges refer to these bands to guide their decision-making, aiming to match the compensation to the impact the discrimination has had on the individual.
Factors Judges Consider
When deciding which Vento Band a case falls into, judges look at several factors, including:
- The severity of the discrimination: Was it a one-off comment or a prolonged pattern of behaviour?
- The effect on the claimant: How has the discrimination affected the person emotionally and psychologically?
- The context of the incident: Were there aggravating factors, such as abuse of power or repeated incidents?
- Any evidence of intent: Was the discrimination deliberate or careless?
For example, a single, less serious incident might fall into the lower Vento Band, while ongoing harassment or particularly distressing behaviour could place a case in the middle or upper band.
Judicial Discretion and Case Details
While Vento Bands provide important guidance, judges are not bound to award a specific amount within a band. Each case is unique, and judges have the discretion to consider all the circumstances before deciding on the final compensation. This means that even if two cases appear similar, the awards may differ based on the evidence and the impact on the individuals involved.
Vento Bands are rooted in the principles set out by UK discrimination law, particularly the Equality Act 2010, which protects individuals from unfair treatment in the workplace. Understanding how these bands are applied can help you better anticipate the potential outcomes of a discrimination claim and prepare for the legal process. If you are considering making a claim, knowing how courts use Vento Bands can help you set realistic expectations about compensation for injury to feelings.
Other Related Support and Benefits
If you have experienced workplace discrimination, it’s important to know that you may be entitled to more than just compensation for injury to feelings under the Vento Bands. There are other forms of support and benefits that could help you cope with the impact of discrimination, especially if it has affected your job or income.
If discrimination has led to you losing your job or being forced to leave, you might be eligible for financial support from the government. This can include claiming benefits such as Universal Credit or Jobseeker’s Allowance, depending on your circumstances. For detailed guidance on the types of financial help available and how to apply, see our page on Claiming Benefits After Being Sacked.
It’s also worth reviewing your employment contract and workplace policies, as you may have access to certain Employee Benefits that can offer additional support. These might include sick pay, counselling services, or access to occupational health resources. Some employers also provide Employee Assistance Programmes (EAPs), which can help with mental health and wellbeing after experiencing discrimination.
Remember, the Equality Act 2010 protects your rights at work and ensures you cannot be treated unfairly for raising a discrimination claim. If you are unsure about your entitlements or need help understanding what support is available, consider seeking advice from a legal professional or a specialist adviser.
Exploring all your options can help you recover from the effects of discrimination and secure the support you need to move forward.
Getting Help and Making a Claim
When considering a discrimination claim at work, it’s important to seek expert advice and support to make sure you understand your rights and the process involved. Employment discrimination cases can be complex, and the amount of compensation you might receive – especially for injury to feelings – depends heavily on how your experience fits within the Vento Bands. These bands, set out by the courts, help determine fair compensation based on the severity of the discrimination you faced.
Before making a claim, it’s a good idea to speak with a legal professional or an advice service that specialises in employment law. They can help you assess your situation, gather evidence, and understand how your case might be classified within the Vento Bands. This preparation can make a significant difference to the outcome of your claim.
Understanding the Vento Bands is crucial when preparing your case. The bands are used by employment tribunals to decide how much compensation should be awarded for the emotional impact of discrimination. Being familiar with these guidelines will help you set realistic expectations and ensure you present your claim as clearly as possible.
If you’re unsure where to start, you can find practical information about your rights and the steps involved in making a claim by visiting How to make a discrimination claim. This resource explains the process, including how to contact the Equality Advisory Support Service for advice and what to expect if you decide to take your case to an employment tribunal.
Remember, everyone has the right to work in an environment free from discrimination. If you believe you’ve experienced unfair treatment because of a protected characteristic such as sex, religion, or disability, exploring your options for compensation is your legal right. Don’t hesitate to seek help and learn more about the protections available to you under UK law.
