Vento Bands — How Injury to Feelings Is Valued in Discrimination Claims
Last updated: April 2026 · Content reviewed against current UK employment law
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Is injury to feelings compensation taxable?
No. Injury to feelings awards are not taxable income. Financial loss elements like back pay may have tax implications, but the Vento award itself is usually tax-free.
Do I need a medical report to claim lower-band injury to feelings?
No. A medical report isn’t required for a lower-band claim. Medical evidence becomes important if you want additional psychiatric injury damages beyond the Vento band.
Do Vento bands apply to unfair dismissal claims?
No. Vento bands apply only to discrimination and harassment claims under the Equality Act 2010. Unfair dismissal compensation uses basic and compensatory awards instead.
If I have multiple acts of discrimination, do I add up bands?
No. The tribunal awards a single Vento band reflecting the overall injury to feelings. Multiple sustained acts will push you higher within a band but you don’t add bands together.
Should I claim aggravated damages?
Claim them if the employer’s conduct after the discrimination was particularly egregious — such as victimising you for complaining or lying at tribunal. Plead them specifically in your ET1 — the tribunal won’t award them otherwise.
Vento Bands — How Injury to Feelings Is Valued in Discrimination Claims
"Injury to feelings compensation is separate from financial loss. It compensates for the personal impact of being discriminated against — the distress, humiliation, and effect on dignity."
Where do Vento bands come from?
Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871
established three bands of injury to feelings awards in discrimination cases. The Court of Appeal set out the principle: awards should be neither trivial nor excessive; the focus is real compensation for real injury.
The bands are updated periodically by the Presidents of the Employment Tribunals. The figures below reflect the most recent guidance as of April 2026. These bands are adjusted annually for inflation, so always check the latest Presidential Guidance before finalising your claim.
Current Vento Bands (April 2026)
| Band | Amount | When to use |
|---|---|---|
| Lower | £1,300 – £12,600 | Less serious cases — one-off acts, relatively minor injury to feelings |
| Middle | £12,600 – £37,700 | Serious cases — sustained campaign of discrimination or harassment, significant impact |
| Upper | £37,700 – £62,900 | Most serious — lengthy campaigns, deliberate discrimination, severe psychological impact |
| Exceptional | Above £62,900 | Only in the most exceptional circumstances; rarely awarded |
Note: These figures are updated periodically by Presidential Guidance. Always check the current guidance before finalising your Schedule of Loss.
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How does the tribunal decide which band?
The tribunal considers a range of factors to decide which band applies. These factors are not a checklist — the tribunal exercises judgment on the overall circumstances:
- Duration and frequency:
- How long did the discrimination go on? Was it a one-off incident or a sustained campaign?
- Was the discrimination intentional or reckless, or did it result from negligence?
- Were you particularly vulnerable (e.g., young, inexperienced, suffering from illness)?
- Effect on mental health:
- Did the discrimination cause diagnosed psychological injury? (Note: this is separate from Vento bands — see below.)
- Did the employer apologise or acknowledge the discrimination, or did they defend it vigorously?
- Did the discrimination affect promotion, training, or job security?
- Aggravating conduct:
- Was there a campaign of victimisation or other conduct that worsened the hurt?
Example: A one-off, unintentional remark might fall in the lower band (£1,300–£3,500). A three-year campaign of sustained harassment, deliberately targeted at you, might fall in the upper band (£45,000+).
Injury to feelings vs psychiatric injury
These are separate awards:
Injury to feelings (Vento award):
Compensation for distress, humiliation, loss of dignity. Everyone who experiences discrimination receives some injury to feelings award, even if no psychiatric injury.
A diagnosable, medically recognised injury — for example, clinical depression, PTSD, anxiety disorder. This requires expert medical evidence (usually a psychiatrist's or clinical psychologist's report). If proven, the tribunal makes a separate personal injury award in addition to Vento.
If the discrimination has affected your mental health, obtain a medical report from your GP or a mental health professional. A formal diagnosis significantly strengthens your claim for additional compensation beyond the Vento band.
Available on top of the Vento award where the employer's conduct was particularly high-handed, malicious, or oppressive. Examples include:
- A campaign of victimisation after the initial discrimination
- Failure to investigate complaints properly
- Deliberate misrepresentation or lies about you
- Dismissal in response to raising a discrimination complaint
- Continuing to defend unfounded allegations at tribunal despite clear evidence
Aggravated damages are typically awarded in the range of £5,000–£25,000, depending on severity. They are awarded on top of Vento, not instead of. You must plead them specifically in your ET1 or particulars of claim.
Frequently Asked Questions
No. Injury to feelings awards are not taxable income. You do not pay income tax on Vento awards. Financial loss (back pay, lost earnings) may have tax implications — your tribunal award will clarify what is and is not taxable, but usually injury to feelings is tax-free.
No. A medical report is not required to establish a lower-band claim. The tribunal will award injury to feelings on the basis of your evidence alone. Medical evidence becomes important if you want to claim additional psychiatric injury damages beyond the Vento band — then you need professional evidence of a diagnosable condition.
No. Vento bands apply only to discrimination and harassment claims (under the Equality Act 2010). In unfair dismissal claims (under the Employment Rights Act 1996), compensation is calculated differently — basic award plus compensatory award, neither of which uses the Vento framework.
If I have multiple acts of discrimination, do I choose one band or add them up?
You do not add up separate bands. The tribunal considers all acts of discrimination together and awards a single Vento band to compensate for the overall injury to feelings. Multiple acts are a factor in deciding which band applies — sustained discrimination will push you higher in the band. However, the tribunal does not award "Band 1 plus Band 2" — there is one overall award.
Claim aggravated damages if the employer's conduct after the initial discrimination was particularly egregious — for example, if they victimised you for complaining, lied about you at tribunal, or failed to investigate your complaint. Do not claim them as a matter of course; you must have facts to support it. But if you do, plead them specifically in your ET1 or particulars of claim. The tribunal will not award them unless you ask.
The most current Vento band figures are published in the Presidential Guidance issued by the Senior President of Tribunals. Check the
GOV.UK employment tribunal guidance
for the latest figures.
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