This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive explanation of injury to feelings awards in discrimination claims in England and Wales, including how employment tribunals use the Vento bands to assess compensation for emotional harm, evidence needed, current award ranges and practical guidance for claimants.
Injury to feelings awards are a recognised form of compensation in employment tribunal claims in England and Wales where unlawful discrimination, harassment or victimisation has occurred under the Equality Act 2010. Unlike purely financial losses such as unpaid wages or loss of earnings, injury to feelings awards are intended to compensate a claimant for the emotional impact of discriminatory conduct - including distress, humiliation, anxiety, insult and loss of dignity. The concept arises from the courts and is implemented through tribunal practice, most notably via the Vento bands guidelines. This article explains what injury to feelings awards are, how tribunals assess them, the current compensation bands, factors that influence awards, practical considerations for claims and common questions.
What Is an Injury to Feelings Award?
An injury to feelings award is a non‑pecuniary head of compensation that reflects the emotional and psychological harm caused by discriminatory conduct. It is separate from financial losses such as loss of earnings or benefits, and tribunals award it as part of remedies in successful discrimination claims including, for example, on grounds of sex, race, disability, age, religion or belief. Even where no financial loss has occurred, a claimant may be awarded compensation for injury to feelings. Tribunals have discretion to determine the appropriate amount based on the impact on the claimant.
The legal foundation for injury to feelings awards was developed in case law, particularly the Court of Appeal decision in Vento v Chief Constable of West Yorkshire Police (No. 2), which established a structured approach to quantifying such compensation.
Vento Bands: Guiding Compensation Amounts
What Are Vento Bands?
The Vento bands are a set of guideline compensation ranges that tribunals use when assessing injury to feelings awards. These bands categorise awards into levels reflecting the severity of the claimant's emotional harm, with different financial ranges for less serious, serious and most serious cases. Although tribunals have discretion on individual awards, they are required to have regard to these bands when deciding the amount.
Updated Bands for Claims From April 2025
For discrimination claims presented to an employment tribunal on or after 6 April 2025, the Vento bands are as follows:
- Lower band: £1,200 to £12,100 – for less serious cases, typically where discrimination was isolated or the emotional impact was limited.
- Middle band: £12,100 to £36,400 – for cases that are more serious but do not merit the highest award.
- Upper band: £36,400 to £60,700 – for the most serious cases, often involving prolonged or severe discriminatory harassment.
- Exceptional cases above £60,700 – while rare, tribunals can award amounts exceeding the upper band in truly exceptional circumstances.
These bands are periodically updated (usually annually) to reflect inflation and economic conditions, as advised by Presidential Guidance issued to employment tribunals.
How Tribunals Choose the Appropriate Band
Tribunals assess injury to feelings by looking at the effect of the discriminatory act on the individual claimant, not simply cataloguing the employer's conduct. Key considerations may include:
- Severity and duration of discriminatory conduct - sustained harassment generally leads to higher awards.
- Impact on the claimant's emotional well‑being, including distress, anxiety, sleep disruption, humiliation or loss of self‑confidence.
- Context and relationship between the parties, such as the power imbalance in workplace discrimination.
- Evidence of psychological effect, including witness statements or medical support where available.
Tribunals can apply Vento bands flexibly; a one‑off discriminatory act with significant emotional impact may merit a higher band than the nature of the act alone might suggest.
Examples of Band Application
In practice, injury to feelings awards vary widely because they depend on the circumstances of each claim:
- A less serious case might involve an isolated discriminatory comment that upset the claimant but did not have ongoing severe impact, likely fitting the lower band.
- Persistent conduct such as repeated discriminatory remarks or poor handling of grievances could merit a middle band award.
- A prolonged campaign of harassment with deep emotional harm could justify an upper band award. The most severe discrimination - especially where there is evidence of significant psychological injury - may justify awards toward the top of the band or above in exceptional cases.
Tribunals have emphasised that the key issue is the effect on the claimant rather than a strict count of incidents.
Evidence and Presentation in Tribunal Claims
To support an injury to feelings award, claimants should provide evidence that clearly demonstrates the emotional impact of the discriminatory conduct. This may include:
- Witness statements describing distress, behavioural changes or psychological impact.
- Medical reports or counselling records if a formal diagnosis or treatment was sought.
- Personal testimony detailing how the conduct affected mental well‑being, work performance or personal life.
- Contemporaneous records such as emails, diary entries or grievance communications reflecting emotional responses.
Tribunals often consider written and oral evidence together, and medical evidence is not always essential, but it can strengthen the case for a higher band award.
Interaction With Other Compensation Heads
Injury to feelings awards are typically one component of overall compensation in discrimination claims. Tribunals also award:
- Financial loss such as loss of earnings, benefits or pension contributions.
- Interest on the award from the date of the discriminatory act until payment.
- Compensation for personal injury (psychiatric injury) where the discrimination has caused medically recognised psychological harm beyond emotional upset.
Unlike many heads of financial loss, there is no statutory cap on injury to feelings compensation in discrimination claims, although the Vento bands act as widely accepted guidelines.
Practical Considerations and Risks
- Claim preparation: It is important to build a clear narrative linking the discriminatory conduct to the claimant's emotional harm, using evidence that captures the impact such as statements or medical input.
- Tribunal discretion: While Vento bands offer guidance, tribunals have broad discretion and decide awards on individual merits.
- Potential appeals: Either party can appeal a tribunal's quantification on points of law. Appeals over quantum itself are uncommon and require legal grounds.
- Settlement negotiations: Awareness of likely band placement can inform settlement discussions during Acas early conciliation or without prejudice negotiations.
Common Questions
Can a claimant get injury to feelings if there was no financial loss?
Yes. Injury to feelings is available even where the claimant did not suffer measurable financial loss. It focuses solely on emotional harm.
Are Vento bands compulsory?
Tribunals are required to have regard to the bands, but they can depart from them in exceptional cases where circumstances justify a higher or lower award.
Can awards exceed the upper band?
Yes. While uncommon, awards above the upper Vento band are possible in particularly serious and exceptional cases.
Summary
Injury to feelings awards provide compensation for the emotional harm suffered due to discriminatory conduct in employment and related tribunal claims under the Equality Act 2010. They are assessed using the structured Vento bands, with current ranges for claims presented on or after 6 April 2025 being roughly £1,200–£12,100 for less serious cases, £12,100–£36,400 for serious cases, and £36,400–£60,700 for the most serious conduct, with the possibility of exceeding these bands in exceptional cases. Tribunals base awards on the actual impact on the claimant supported by evidence, and injury to feelings awards sit alongside other remedies such as financial loss and potential interest. Understanding the principles and practical evidence needed helps claimants and advisers navigate discrimination claims effectively and set realistic expectations for compensation.
