Where a claim is made for discrimination or a detriment under the whistleblowing legislation, part of the compensation that can be awarded are awards for "injury to feelings". This is an award of damages that is compensation for hurt, humiliation, distress and upset caused by the treatment.
The Court of Appeal in the case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] set clear guidelines for the amount of compensation to be given for injured feelings and set out three bands of potential awards. These are known as the Vento bands.
For claims presented on or after 6 April 2021, the Vento bands are:
- A lower band of £900 to £9,100 (less serious cases, such as where the act of discrimination is an isolated or one-off occurrence)
- A middle band of £9,100 to £27,400 (serious cases, that do not merit an award in the upper band), and
- An upper band of £27,400 to £45,600 (the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment), with the most exceptional cases capable of exceeding £45,600.
Originally published 30 March 2021
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
