Following a consultation process, the Presidents of the Employment Tribunal in England & Wales and Scotland have announced updated, and significantly increased, bands for "injury to feelings" awards in discrimination claims.
The Presidents had sought views on whether the original bands (known as the Vento bands) used by Employment Tribunals when making awards for "injury to feelings" in discrimination claims should be increased in line with the Retail Price Index ("RPI"). Their joint Presidential Guidance, published on 5 September 2017, will apply to claims brought in the Employment Tribunals on or after 11 September 2017 and will be reviewed again in March 2018 and annually thereafter.
The new bands for Employment Tribunals to consider when making awards for "injury to feelings" are as follows:
Lower band: £800 to £8,400 (to apply in the less serious cases of discrimination); Middle band: £8,400 to £25,200; Upper band: £25,200 to £42,000 (to apply in the most serious cases of discrimination); and Exceptional cases of discrimination could attract an "injury to feeling" award in excess of £42,000.
The increases are likely to result in an overall increase in the level of awards for discrimination claims brought within the Tribunal system.