Vento bands are used to determine compensation for emotional distress and psychiatric injuries in cases of discrimination and whistleblowing.
These bands are updated annually, with the latest adjustments set to apply to cases filed on or after 6 April 2024.
Updated Vento Bands 2024
The newly revised bands are as follows:
a. The lower band will range from £1,200 to £11,700, up from £1,100 to £11,200, for less severe cases.
b. The middle band will span from £11,700 to £35,200, increased from £11,200 to £33,700, for cases not warranting an upper band award.
c. The upper band will extend from £35,200 to £58,700, up from £33,700 to £56,200, for the most severe instances.
Awards exceeding £58,700 are reserved for exceptionally grave cases.
It is the responsibility of the Tribunal to decide the appropriate band for a case and the specific placement within that band. While the guidance on Vento bands is not mandatory, Tribunals typically adhere to it, making it rare for these bands not to be applied.
Need assistance?
For specialist advice on the new rules and how they impact your organisation, contact employment law and HR experts.
Vento Bands FAQs
What are Vento bands?
Vento bands are guidelines used to calculate compensation for emotional distress and psychiatric injuries in employment-related cases, such as discrimination and whistleblowing. These bands provide a structured framework for determining the amount of compensation based on the severity of the case.
How are Vento bands structured?
Vento bands are divided into three levels:
a. Lower band: For less serious cases, the compensation ranges between £1,200 and £11,700.
b. Middle band: For cases of moderate severity that do not merit the upper band, the compensation ranges from £11,700 to £35,200.
c. Upper band: For the most serious cases involving prolonged or severe impact, compensation ranges from £35,200 to £58,700. In exceptionally severe cases, awards can exceed the upper limit of £58,700.
When do the updated Vento bands take effect?
The updated Vento bands will apply to all claims presented on or after April 6, 2024. It is crucial for employers to be aware of these dates to ensure compliance and prepare for potential financial implications.
Are Vento bands mandatory for tribunals to follow?
While Vento bands offer guidance, they are not legally binding. However, tribunals typically regard them as a standard practice, and it is unusual for a tribunal not to apply them. This makes the bands a critical tool in preparing for and understanding potential outcomes in relevant legal cases.
How should employers prepare for potential claims involving Vento bands?
Employers should ensure they have robust anti-discrimination policies and training programs in place to minimize the risk of claims. Understanding the financial implications of Vento bands can also help in setting aside appropriate provisions for potential liabilities. Additionally, seeking legal advice when dealing with complex cases can help manage risks effectively.
What should employers do if a case falls into one of the Vento bands?
If facing a potential claim, employers should consult with legal experts to understand the specifics of the case and the possible financial outcomes. This includes preparing for mediation or court proceedings and understanding how the Vento bands might influence the compensation awarded.
Last updated: 6 April 2024
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
