An injury to feelings award is available in discrimination and certain whistleblowing claims. The level of any injury to feelings award is assessed by reference to guidelines commonly referred to as the “Vento bands”. Each year the bands are adjusted for inflation.

For claims presented on or after 6 April 2024, the bands will be as follows:

• a lower band of £1,200 to £11,700 for less serious cases, such as a one-off discriminatory insult;
• a middle band of £11,700 to £35,200 for cases that do not merit an award in the upper band, for example, a serious one-off incident; and
• an upper band of £35,200 to £58,700 reserved for the most serious cases such as discriminatory campaigns in the workplace which result in a profound impact on the victim such as causing depression, anxiety or extreme distress. The most exceptional cases are capable of exceeding £58,700.

What this means for employers

Given the current high rate of inflation once again these bands have increased not insignificantly, making it more costly financially for an employer who loses a discrimination or whistleblowing case.