In a recent employment express article, we detailed the case of De Souza v Vinci Construction, which determined that injury to feelings awards should be uplifted by 10% as they are in the civil courts for non-monetary loss.

Following this case, a consultation into the uprating of injury to feelings awards was launched and a response has now been published by the Presidents of the Employment Tribunals in England and Wales and in Scotland.

It has been decided that the ‘Vento’ bands used to determine awards made to claimants for injury to feelings in discrimination cases should be adjusted to reflect inflation.

The new bands which are applicable for claims brought on or after 11 September are as follows:

  • Lower band (used for less serious cases): £800 – £8,400
  • Middle band: £8,400 – £25,500
  • Upper band (used for the most serious cases): £25,200 – £42,000
  • Exceptional cases: £42,000 +

It is expected that Guidance will be published tomorrow.These new bands will be reviewed in March 2018 and annually thereafter.

For any claims brought before 11 September, the Employment Tribunal will have [discretion] to adjust the existing bands to reflect inflation.

For further information relating to the points raised in this article, please contact Associate Solicitor Alex Evans or a member of the Employment Team.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

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