The Presidents of the Employment Tribunals in England & Wales and Scotland have published new guidance on award levels for compensation for injury to feelings and psychiatric injury.

This applies to discrimination claims brought under the Equality Act 2010.

This compensation is awarded with reference to three bands, known as 'Vento' bands after the case in which the guidance was first set out - Vento v Chief Constable of West Yorkshire. Whilst this guidance is not binding, the tribunal must have regard to it and it would be highly unusual if it were not followed.

For claims presented on or after 6 April 2020, the new Vento bands are as follows:

  • lower band (for less serious cases): £900 to £9,000
  • middle band (for those that do not merit an award in the upper band): £9,000 to £27,000
  • upper band (for the most serious cases): £27,000 to £45,000
  • with the most exceptional cases exceeding £45,000

The employment tribunal has discretion as to which band applies, and where in the band the appropriate award should fall.