We are often asked how much compensation clients are likely to be awarded for an injury to feelings claim. The amount of compensation will largely depend on the severity of the case and whether it is an isolated or repeated occurrence.
The leading case of Vento set out clear guidelines for the amount of compensation that can be awarded for injury to feelings claims. The judgment in this case set out three bands of potential awards which are known as the ‘Vento Bands’. The Vento Bands have been subject to various inflationary increases and there has been a recent uplift which will be effective on 6 April 2021. This increase was made in line with the Retail Price Index.
Vento Bands from 6 April 2021
- A lower band of £900 to £9,100.
- A middle band of £9,100 to £27,400.
- An upper band of £27,400 to £45,600 (in exceptional circumstances, awards can exceed £45,600).
The guidelines set out in the Vento judgement set out which types of claims will fall within which band:
The lower band is “appropriate for less serious cases, such as where the act of discrimination is an isolated or one off occurrence”.
The middle band is appropriate for “serious cases, which do not merit an award in the highest band”.
The upper band is appropriate for “the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment on the ground of sex or race”. Only in “the most exceptional case” should an award for injury to feelings exceed the top of this band.
It is expected that the Vento Bands will continue to increase each year in line with RPI.