Employment law – Vento bands update by Sam Jones

The Presidents of the Employment Tribunals of England & Wales and Scotland recently issued a joint Presidential Guidance regarding awards for injury to feelings. The document is the first addendum to a previous Presidential Guidance issued on 5th September 2017.

For claims issued on or after 6th April 2018 in England & Wales, the updated Vento bands are as follows: a lower band of £900 to £8,600 (less serious cases); a middle band of £8,600 to £25,700 (for cases that do not merit an award in the upper band); and an upper band of £25,700 to £42,900 (the most serious cases). The most exceptional cases can exceed £42,900.

The Guidance is not mandatory but the Tribunal must consider it when making an award.

In Scotland, it remains unclear whether the 10% uplift applies. This issue is considered at paragraph 12 of the earlier guidance.