Discrimination: increases to injury to feelings awards 2024

Individuals who bring successful discrimination claims are entitled to be compensated for the upset and hurt they have suffered by way of an injury to feelings award. These awards are separate from, and in addition to, compensatory awards for financial loss which are uncapped.

In 2002 the Court of Appeal set out three bands for injury to feelings awards, which became known as the “Vento” bands after the name of the case which established them. At that time the lowest award was £500 and the highest £25,000.

Awards for injury to feelings have been increased for all claims presented on or after 6 April 2024 and are now well over double the original rates.

The new bands are as follows:

Lower band 

Suitable for one-off and isolated incidents which are considered to be less serious = £1,200 to £11,700

Middle band 

Suitable for cases that do not merit an award in the upper band = £11,700 to £35,200

Upper band 

Suitable only in the most serious cases which was where there has been a lengthy campaign of harassment = £35,200 to £58,700 with the most serious cases capable of exceeding £58,700.

The tribunal will consider the extent to which the victim of discrimination has had their feelings injured and will attribute a financial value to that injury. It will take into account: 

• any medical conditions resulting from the discrimination, such as depression or stress-related disorders
• the impact on the claimant’s confidence
• the repercussions on their personal relationships 
• any ongoing suffering due to the discriminatory acts; and
• their age, experience and the length of time in the job 

Awards in the upper band are rare and most awards are in the upper lower and middle bands.

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