Before December 2002, there were no clear guidelines for the amount of compensation to be given for injury to feelings in discrimination cases. This question was always left to the tribunals and courts to provide guidance.
In the case of Vento v Chief Constable of West Yorkshire Police (Vento), the Court of Appeal set clear guidelines for the amount of compensation to be given in injury to feelings and set out three bands of potential awards for compensation in discrimination cases. The numbers in these guidelines were then increased by another case and the existing position (soon to be changed) is:
- Lower band (less serious cases) – £660 – £6,600
- Middle band (medium-length periods of discrimiantion)- £6600 – £19,800
- Top band – (long sustained periods of touching and harassment) £19,800 – £33,000
Until now, even a minor sexist comment would be valued at £660 and no case was worth more than £33,000 in injury to feelings.
A 2017 judicial consultation has recommended an increase to the Vento bands.
The consultation concluded that as of 11 September 2017, the following bands shall take effect:
- Lower Band (less serious cases): £800 to £8,400
- Middle Band: £8,400 to £25,200
- Upper Band (the most serious cases): £25,200 to £42,000
- Exceptional Cases: Over £42,000
It shall stay in the ET’s discretion which band applies to each case and where in the band the appropriate award should fall.
In light of the latest increases, employers should be extra vigilant about discrimination as they may end up having to pay more in ‘injury to feelings’ if found guilty of this. They may wish to review their insurance policies. Also as the employment tribunal fees have recently been scrapped, this only increases the chance of employers being subject to a discrimination claim (to which they may have to pay more in compensation in discrimination cases as a result) if they are not careful.
By Matthew Wheatley