Increase to injury to feelings awards in discrimination claims

When a Claimant successfully brings a discrimination claim, there are various elements to the compensation which an Employment Tribunal can award.

One of these elements is an award for ‘injury to feelings’, which is aimed at compensating the Claimant for hurt, distress and humiliation arising from the discrimination they have suffered.  Employment Tribunals ultimately have discretion as to the amount of this award but will consider the guidelines issued annually by the Presidents of the Employment Tribunals in England and Wales, and Scotland.

The rates set out below (known as the ‘Vento’ bands from a case of the same name) reflect the latest guidance which was issued on 28 March 2022:-

• A lower band of £990 to £9,900 (for less serious cases, such as those involving a minor/ isolated incident)

• A middle band of £9900 to £29,600 (for moderate cases which are more serious than lower band cases but do not warrant an award in the upper band)

• A upper band of £29,600 to £49,300 (serious cases such as those involving serious/ repeated harassment)

• Exceptional cases may exceed £49,300

These guidelines apply to claims issued on or after 6 April 2022.

In addition to injury to feelings awards, discrimination claims will commonly involve awards for loss of earnings and/or other types of financial loss.   In some cases there may be additional compensation for psychiatric or similar personal injury.  Discrimination awards are not subject to any upper limit, although Tribunals follow a set of well-established rules to reach a decision on what amount of compensation is appropriate in each individual case.

Lee Whiting

27/04/2022