What is the injury to feelings award and how is it calculated?

Alex Murray

Where an employee is discriminated against by their employer in relation to a protected characteristic, they can bring a number of claims under the Equality Act 2010. The protected characteristics set out in this Act are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Examples of claims that an employee may decide to bring if they have been discriminated against include direct discrimination, indirect discrimination, harassment and victimisation. It is also possible for an employee who has been subjected to disability discrimination to bring separate claims for discrimination arising from disability and failure to comply with the duty to make reasonable adjustments. Ultimately, the specific claims brought by the employee will depend on the individual situation and nature of the discrimination.

It is common in discrimination cases for the employee to claim compensation for injury to feelings. The purpose of an injury to feelings award is to compensate the employee for the emotional distress caused by their employer’s discriminatory actions.

The Employment Tribunal uses the bands set out in the leading case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR 102 as a guide when determining the appropriate compensation for injury to feelings. The current Vento band ranges are:

• Lower band – £1,200 to £11,700 (for less serious cases, such as where the act of discrimination is an isolated or one-off occurrence)
• Middle band – £11,700 to £35,200 (for serious cases, which do not merit an award in the highest band)
• Upper band – £35,200 to £58,700 (for the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment on the ground of sex or race)

The Employment Tribunal may also make an award which exceeds the top of the upper band. However, an award of this type will only be made in the most exceptional case.

The band rates are updated each year and a previous year’s band rates may apply to an employee’s case depending on when they submitted their claim to the Employment Tribunal.

When preparing a schedule of loss, calculating the injury to feelings award and applying the Vento bands correctly can be complicated. It is likely that there will be various case-specific factors which need to be considered as part of this process. Calculating the injury to feelings award accurately is important as it will assist to determine the potential overall compensation payable by the employer in relation to the case. It is also helpful to accurately determine the potential compensation for other reasons, such as establishing a benchmark which can be used in potential settlement negotiations.

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Understanding the injury to feelings award and how is it calculated is essential for both employees and employers involved in discrimination cases. Given the complexity and the potential financial ramifications, seeking expert legal advice is crucial.

If you believe you have been a victim of discrimination or if you are an employer facing a discrimination claim, our experienced legal team are here to help. We offer comprehensive support and guidance to ensure that your case is handled with the utmost professionalism and care. Contact our Employment Team to discuss your case.