Injury to feelings: Vento guidelines updated
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The Presidents of the European Tribunals in England and Wales, and Scotland have issued joint Presidential Guidance updating the bands of awards for injury to feelings. These bands are known as the Vento bands, following the case of Vento v The Chief Constable of Yorkshire Police.
The bands were uprated by 10% in 2012 following the decision in Simmons v Castle which held that a 10% increase should be awarded to general damages.
For claims presented on or after 6 April, the following bands will apply:
- £900 to £8,600 for less serious cases;
- £8,600 to £25,700 for cases that do not merit an award in the upper band;
- £25,700 to £42,900 for the most serious cases.
The most exceptional cases will be capable of exceeding £42,900.
These bands will apply to cases in England and Wales. For those in Scotland an employment tribunal will have the discretion to conclude that the 10% increase to general damages (introduced by the case of Simmons v Castle) will not be imposed and the uprated Vento bands will have to be adjusted accordingly.
This article is taken from HR Law - April 2018.