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.
What is a discrimination claim worth? This guide explains the Vento bands used to calculate injury to feelings compensation, how tribunals determine award levels, and the evidence required to support a claim.
When an employee brings a successful discrimination claim to an employment tribunal in England or Wales, one of the key elements of compensation is an award for “injury to feelings”. This reflects the emotional impact of unlawful discrimination, harassment or victimisation. To assist tribunals in assessing this element of damages, a set of guidelines known as the Vento bands is used. Named after the Court of Appeal decision in Vento v Chief Constable of West Yorkshire Police, these bands provide a structured range of compensation for non‑financial harm and are regularly updated to reflect economic conditions.
What Are the Vento Bands and Why Do They Matter?
Origin and Purpose
The Vento bands were established following the Court of Appeal's ruling in Vento v Chief Constable of West Yorkshire Police in 2002. That case highlighted the need for a consistent approach to awarding damages for emotional distress in discrimination cases. The bands are not statutory law but are accepted by tribunals and courts as authoritative guidance when determining compensation for injury to feelings and similar non‑pecuniary losses in discrimination claims. They help judges to calibrate awards based on the severity and impact of discriminatory conduct.
Annual Updates
The figures that make up the Vento bands are regularly updated, typically on 6 April each year, to take account of inflation and changes in cost‑of‑living measures such as the Retail Prices Index (RPI). Tribunals must consider the correct set of bands based on the date a claim is presented to the tribunal. The most recent update applies to claims presented on or after 6 April 2025.
The 2025 Vento Bands: Current Compensation Ranges
For discrimination claims (including injury to feelings), the updated Vento bands that tribunals use for cases presented on or after 6 April 2025 are as follows:
- Lower band: £1,200 to £12,100 – for less serious cases, typically isolated or one‑off discriminatory acts.
- Middle band: £12,100 to £36,400 – for more serious cases that do not justify the highest award.
- Upper band: £36,400 to £60,700 – for the most serious cases, such as prolonged harassment or sustained discriminatory conduct.
- Exceptional awards above £60,700 may be made in rare and particularly severe cases.
These bands provide a framework rather than fixed rules. Tribunals retain the discretion to select an appropriate figure within the relevant band based on the facts and evidence of the case.
How Tribunals Decide Which Vento Band Applies
Tribunals consider a number of factors when determining where within a band an injury to feelings award should fall:
- Severity and duration of the discriminatory conduct. Prolonged campaigns of harassment are more likely to attract awards in the upper band.
- Impact on the claimant including humiliation, distress, anxiety or loss of dignity.
- Context of the conduct, such as whether it occurred in the workplace or during formal processes like disciplinary meetings.
- Evidential support, including witness statements and any material showing the emotional consequences experienced by the claimant.
Although tribunals refer to the bands, they do not apply them rigidly; individual case circumstances and evidence will inform the exact award.
Examples of Typical Cases by Band
The Vento bands help claimants, employers and their advisers form realistic expectations about likely awards:
- Lower band cases may include a single discriminatory comment or isolated incident that caused upset but did not lead to prolonged distress.
- Middle band cases often involve serious acts of discrimination that affect the claimant's work life and emotional wellbeing, though not to the highest degree.
- Upper band cases generally involve sustained, repeated discriminatory behaviour, prolonged harassment or conduct that has caused long‑lasting psychological impact.
Exceptional cases above the upper band are unusual but recognise circumstances where the harm is particularly severe.
Vento Bands and Other Heads of Compensation
Injury to feelings awards under the Vento bands are separate from other heads of compensation in discrimination claims. Successful claimants may also recover:
- Financial loss compensation covering lost earnings and benefits;
- Interest on awards to reflect the time between the discriminatory act and the tribunal decision;
- Personal injury awards if a claimant can prove a medically recognised psychiatric or physical injury caused by discrimination.
The Vento bands relate exclusively to non‑financial emotional harm, not financial losses.
Practical Process and Time Limits
To seek a Vento band award a claimant must:
- Submit an employment tribunal claim alleging discrimination within three months less one day from the last discriminatory act (subject to Acas Early Conciliation first).
- Provide evidence of the discriminatory conduct and its impact;
- Participate in the tribunal process, including remedy hearings where injury to feelings and other heads of compensation are discussed.
Tribunals only apply the Vento bands once liability for discrimination is established. Injury to feelings awards are then assessed and added to any financial loss compensation.
Risks and Considerations for Claimants and Employers
For Claimants
- It is crucial to provide clear evidence of the emotional impact of discrimination, as the tribunal's assessment of severity directly affects where within a Vento band an award is placed.
- Claimants should be aware that lower band awards are common for isolated incidents, but more serious or prolonged harm can justify middle or upper band awards.
For Employers
- Employers should recognise that Vento band awards can be substantial, especially in upper band cases.
- Robust anti‑discrimination policies and effective grievance procedures can reduce the likelihood of prolonged discriminatory conduct that attracts higher awards.
- Early resolution or settlement may reduce litigation risk and uncertainty.
Common Questions
Are Vento bands legally binding?
No. Vento bands are judicial guidelines widely followed by tribunals when awarding injury to feelings compensation but the tribunal retains discretion based on case facts.
Can awards exceed the upper band?
Yes. Exceptional circumstances with particularly severe discrimination may justify awards above the upper band.
Do the bands change every year?
Typically yes. The bands are reviewed and often updated annually to reflect inflation and economic conditions, with changes coming into effect around 6 April each year.
Final Thoughts
The Vento bands are an established framework used by employment tribunals in England and Wales to assess compensation for injury to feelings in discrimination and whistleblowing claims. They provide structured compensation ranges for non‑financial emotional harm, updated annually to reflect inflation. Understanding the bands, how tribunals apply them, and what evidence strengthens a claim helps prospective claimants estimate likely compensation and informs employers about potential financial exposure. Clear evidence of impact and thorough preparation are key to achieving a fair award for injury to feelings.
