Injury to feelings awards can be made in discrimination and detriment claims brought before the Employment Tribunal. The award is intended to compensate a claimant for the hurt and distress suffered due to the unlawful action taken against them by their employer. They can be awarded whether or not any financial loss (such as loss of earnings) has been suffered.
In making an award, the employment tribunal takes into account the effect the discriminatory behaviour had on the claimant. In 2003, the Court of Appeal in Vento v Chief Constable for West Yorkshire Police No.2 set guidelines on the amount of compensation for injured feelings.
There are three set bands for the potential award which are known as the 'Vento bands'. In recent years they have been subject to annual uplift. Broadly speaking, the lower band is for less serious cases, perhaps an isolated or one-off incident. The middle band is for more serious cases that do not merit an award in the highest band. The upper band is for the most serious cases, perhaps where there has been a lengthy campaign of discriminatory harassment.
The bands are a guide, they are not prescriptive. For example, in some cases a one-off incident may merit an award falling under the middle band.
For claims brought before the Employment Tribunal on or after 6 April 2025, the Vento bands are:
- Lower band: £1,200 to £12,100
- Middle band: £12,100 to £36,400
- Upper band: £36,400 to £60,700
Awards of over £60,700 will only be made in very exceptional cases. The bands will be reviewed again in early 2026.
