Awards for injury to feelings

The case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR 102 coined the phrase “Vento bands” in establishing three bands of compensation in discrimination cases involving an award for injury to feelings.

The rates were reviewed in 2022 by the Presidents of the Employment Tribunals in England & Wales and Scotland.

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.

In the most exceptional cases the upper band limit may be exceeded.

Where an award for injury to feelings relates to events pre-termination, there is no tax payable on the award. Where the award is connected to a dismissal, it is taxable.

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