You may have heard of Vento bands before, or even read that the rates increased recently, but do you really understand what they are and why you need to know?
When a discrimination claim succeeds at an Employment Tribunal, it’s almost guaranteed that compensation for what’s called ‘injury to feelings’ will be awarded to the employee.
In most employment claims – like unfair dismissal, say – compensation is based mainly on financial loss suffered by the employee; however, in discrimination cases in addition to this, an award for ‘injury to feelings’ can also be claimed, under the Equality Act 2010.
There’s no mystery here; ‘injury to feelings’ is exactly what it sounds like – the hurt, humiliation or distress that an employee has suffered as a result of discrimination.
So, where do Vento bands fit in? In a landmark case from 2003 (Vento v Chief Constable of West Yorkshire Police), the Court of Appeal set out clear guidelines for Tribunals to apply when assessing the amount to be compensated for injury to feelings.
Three ‘bands’ were established; hence the name ‘Vento bands’. The bands reflect the seriousness of the case, if the discrimination is a one-off act or part of a lengthier series of harassment, and how profound the effect is on the employee.
For cases brought on or after 6th April 2021, the rates for the Vento bands are:
- Lowest band – £900 to £9,100
- Middle band – £9,100 to £27,400
- Highest band – £27,400 to £45,600
When determining the amount to be compensated, Tribunals will consider:
- The vulnerability of the employee
- The seriousness of the treatment
- The impact of the treatment on the employee
- The position of the person found to be discriminating (for example, if they were more senior than the employee)
- The way any complaint made by the employee was dealt with by the employer
This is why you should know about Vento bands – because they provide a guide to assessing the potential cost to you of losing a discrimination claim.
Bearing in mind that the bands don’t create a limit to compensation, that ‘injury to feelings’ compensation is in addition to any award for loss of earnings, and the size or resource of your business is irrelevant (as the intention is to reflect injury to the employee’s feelings rather than a punishment to the employer), this can be very costly. The highest maximum award in 2019/20 was for disability discrimination, at £266,000!
Does that sound like a good enough reminder, if you needed one, of the importance of encouraging equality, diversity and inclusion in the workplace, and of dealing with any related complaints from employees promptly and appropriately?
Useful links:
Template Equality and Diversity Policy [PLUS]
Template Bullying and Harassment Policy [PLUS]
Template Grievance Policy and Procedure [PLUS]
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