As an employer who likes to keep their finger on the pulse when it comes to Employment Law, you are likely to have heard about the Vento guidelines. They are pretty crucial when it comes to awarding compensation for injury to feelings and recently, there have been some updates of which you will want to be aware.
First off, a quick refresher: the Vento guidelines are a set of recommendations used by Employment Tribunal Judges to determine the level of compensation for injury to feelings in discrimination claims. They split potential compensation awards into three bands (lower, middle, and upper) based on the severity of the discrimination that was committed.
The guidelines are updated annually - here's what’s new:
Updated Compensation Bands: From 6 April, the Vento bands have been adjusted to account for inflation and the increasing cost of living. The new ranges are:
Lower band: £1,200 to £12,100 (for less serious cases)
Middle band: £12,100 to £36,400 (for cases that are more serious but not at the most extreme level)
Upper band: £36,400 to £60,700 (for the most serious cases, such as those involving long-term distress or extreme severity)
Please note that the above bands are only recommendations. Ultimately, an Employment Tribunal has the discretion to award what it considers is fair and equitable, based on the circumstances of the case and the extent of injury caused to the employee’s feelings by the discrimination. This means that in some cases, the injury to feelings award can exceed £60,700. There is no maximum!
With the possibility of higher awards, it is crucial to ensure that your workplace policies, risk assessments and practices concerning Equality, Diversity and Inclusion, and Sexual Harassment are up to date and well-embedded into your workplace culture. You should also ensure that your employees are trained on your policies and expected standards of behaviour and that managers are equipped to take the necessary action, should concerns of discrimination be raised.
If you need advice and/or updates to your existing Equality, Diversity and Inclusion, and Sexual Harassment related policies and risk assessments, assistance with providing training to your workforce, or help with anything Employment Law related, please feel free to get in touch!
It is more important than ever to foster a positive, supportive workplace. ‘Preventing’ discrimination is better than trying to ‘cure.’
If you require any help or assistance regards this topic or anything else employment law related, please contact our Employment Law Team.