Vento bands to be increased
Tuesday 12th September 2017
The Vento bands originate from the 2003 case Vento v Chief Constable of West Yorkshire Police, in which the CA set out 3 bands for injury to feelings awards in discrimination cases.
In De Souza v Vinci Construction (UK) Ltd, the CA invited the President of the ET to issue fresh guidance adjusting the Vento bands for inflation and to reflect the CA’s decision in Simmons v Castle (2012), which declared that damages in all civil claims concerning injuries such as pain and suffering and social discredit or mental distress should be increased by 10%.
Presidential Guidance has now been issued and the new Vento bands are:
- A lower band of £800 to £8,400 for less serious cases involving, for example, an isolated incident;
- A middle band of £8,400 to £25,200; and
- An upper band of £25,200 to £42,000 for the most serious cases, for example where there has been an prolonged campaign of harassment.
In only the most exceptional cases should more than £42,000 be awarded.
The new bands will apply to claims presented on or after 11 September 2017. Awards in claims presented before this date may be adjusted to reflect inflation and the 10% uplift.
All information in this update is intended for general guidance only and is not intended to be comprehensive, or to provide legal advice.