Increase in the awards available under the Vento bands

Following the decision in the case of De Souza v Vinci Construction (UK) Ltd [2017] new Presidential Guidance was issued on 5 September 2017(Fifth Addendum) regarding awards for injury to feelings and psychiatric injury,  The Fifth Addendum updates rather than replaces the earlier guidance, the First, Second, Third and Fourth Addendum which were  issued on 23 March 2018, 25 March 2019, 27 March 2020 and 26 March 2021.  The Fourth Addendum is noteworthy in that it takes into account changes in the Retail Prices Index (RPI) as a measure of inflation when assessing the amount of damages.

The Fifth Addendum is concerned with claims that are brought on or after 6 April 2022.  The Vento bands (Vento v Chief Constable of West Yorkshire Police (No. 2) [2003] IRLR 102) for claims on or after this date shall be as follows:-

• The lower band for the least serious cases, such as where the discriminatory act is a one-off shall range from £990 to £9,900.
• The middle band for more serious cases, but ones where an award in the highest band would not be appropriate shall range from £9,900 to £29,600.
• The upper band which applies to the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment which has a major effect on the victim, shall range from £29,600 to £49,300 with the most exceptionable cases capable of exceeding £49,300.