In employment tribunals, when a discrimination or whistleblowing claim is successful, an award for injury to feelings can be made by the tribunal. The award is potentially unlimited. The members of the employment tribunal, who have heard the case, determine the magnitude of any compensation to award. In doing so, the panel members will do so by reference to the ‘Vento Bands’. The Vento Bands are reviewed each year, with any increase normally effective from April.
Injury to feelings is an award made to a worker or employee.
It is made to compensate those who have suffered unlawful treatment as defined under the Equality Act 2010 or as a result of making a protected disclosure as defined under the Public Interest Disclosure Act 1998. Compensation can be awarded regardless of whether the claimant has suffered any financial loss.
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Examples of treatment which may result in unlawful treatment include:
Unlawful treatment can be perpetrated against a person who has been subject to the treatment directly or a person who has supported the person who was the subject of the unlawful treatment.
As a result of that support is also subject to detrimental treatment. In determining the level of compensation, the tribunal panel will consider the following:
The Vento Bands consists of three bands:
| Band | Description |
|---|---|
| Lower band £1,200-£11,700 | Applies in less serious cases or isolated less serious cases. |
| Middle band £11,700-£35,200 | Applies where acts of prolonged and repeated instances or a more serious event. |
| Upper band £35,200-£58,700* | Most serious cases where the acts result in harassment, humiliation or psychological harm. |
The figures above apply to instances where the protected act took place from April 2024.
*Note: in some severe cases tribunals can make awards in excess of £58,700.
In addition, panel members can elect to add interest to any injury to feelings award. The standard interest rate is 8% per annum. The interest is calculated from the date of the discriminatory act until the date the compensation award is decided.
When an injury to feelings award is made, the claimant is not required to show any financial loss. Therefore, the employer’s potential liability can not be absolved, even where the claimant has a zero financial loss.
Employers should note that claimants are only required to provide evidence that the conduct and behaviour of the employer injured their feelings and it was on account of a protected act.
Employers should also note that injury to feelings is only one category of award. A claimant may have a number of categories of award in any one claim. All of which can add up to a substantial sum for which the employer is liable.
At HR First we recommend that employers have in place policies and procedures which define and prevent contraventions of these acts.
In addition, staff should participate in regular awareness training sessions to remind and refresh their knowledge of their obligations and what actions constitute unlawful acts. In this way employers will proactively minimise the risk of a breach.
If an incident does occur, evidence of policies and training can be presented in mitigation by the employer. Evidence of training could reduce the magnitude of any fine.
HR First offers ‘lunchtime learning’ sessions which provide an excellent opportunity to provide your staff with HR and health and safety awareness hints.
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