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Vento Bands

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Away from Coronavirus, The Employment Tribunals have today updated the so-called Vento bands for damages payable to a Claimant who has been found to have suffered injury to feelings as a result of unlawful discrimination.

The bands, which take their name from the case of Vento v Chief Constable of the West Yorkshire Police (2003) were designed to ensure that the compensation payable to Claimants is both consistent and properly reflects the extent of the injury suffered.

The bands have been intermittently increased over the last 15 years and for claims issued on or after 6 April 2020, the following compensation bands will be applicable

Lower band

£900 - £9,000

This band will apply "when appropriate for less serious cases, such as where the act of discrimination is an isolated or one-off occurrence".

Middle Band

£9,000 - £27,000

This band has been described by the Courts as applying in "serious cases, which do not merit an award in the highest band".

Upper Band

£27,000 - £45,000

This band applies to the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment

It is important to note that this compensation is payable in addition to compensation for other losses directly attributable to the discrimination, such as loss of earnings.

Last year, the average award across all discrimination types, was £13,400 (which included all types of compensation) so Vento awards at the middle and upper bands very much remain the exception, rather than the rule.

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