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Compensation for discrimination: injury to feelings awards
In discrimination cases, employees can claim compensation for the emotional distress caused by their employer’s actions. This is called an injury to feelings award, which is separate from any financial loss.
The amount awarded is guided by the Vento bands, which are updated yearly. The current ranges are:
- Lower band (less serious cases): £1,200 to £11,700
- Middle band: £11,700 to £35,200
- Upper band: £35,200 to £58,700
In the recent case of Shakil v Samsons Ltd, the Claimant was dismissed after facing pregnancy-related discrimination, including reduced hours, unfair complaints about her conduct and performance, and a sham redundancy. The tribunal awarded her £5,000 for injury to feelings but failed to explain how it applied the Vento bands. The Claimant appealed.
The Employment Appeal Tribunal (EAT) found the tribunal’s approach to the injury to feelings award was flawed. It had not:
- Reviewed the Claimant’s detailed evidence of distress.
- Made findings of fact about the emotional impact.
- Referenced the Vento bands or explained why £5,000 was awarded.
- Referred to any statutory provision or authority relevant to assessing injury to feeling.
The EAT did not set a new amount but sent the case to a new tribunal for reassessment, commenting that “this [was] not a case in which there was one-off treatment that would be likely to result only in limited injury to feelings”.
This case shows how tribunals must carefully follow guidelines when assessing injury to feelings. Employers can use this structured approach to better estimate potential financial risks in discrimination claims.