Injury to Feelings & Vento Bands Discrimination Compensation Explained

Discrimination causes emotional harm. The tribunal compensates this under "injury to feelings" using the Vento bands, which range from around £1,300 to £62,900+ depending on severity (reviewed annually).

What is injury to feelings?

Injury to feelings is compensation for the emotional distress caused by unlawful discrimination (race, sex, disability, etc.). It is not medical injury — it is the psychological hurt, embarrassment, humiliation, and distress arising from the discriminatory conduct. Every discrimination claim includes this head of damage unless the discrimination was trivial.

What are the Vento bands?

The Vento bands (from Vento v Chief Constable of West Yorkshire Police) are guidelines for injury to feelings awards in discrimination cases. Established in 2003 and updated periodically, they provide three bands: Lower Band, Middle Band, and Upper Band — reviewed annually for inflation. For current figures see the Employment Tribunal Presidential Guidance on Injury to Feelings. The bands apply to most discrimination claims in the tribunal.

Which band will my case fall into?

The tribunal considers the seriousness and duration of the discrimination. Lower band applies to isolated incidents of minor discrimination. Middle band covers serious discrimination or a series of incidents causing significant distress. Upper band applies to sustained, serious discrimination causing substantial psychological harm — for example, campaigns of harassment or disability discrimination affecting long-term health. Rare cases exceed the upper band.

What evidence do I need to support a high injury to feelings award?

Medical evidence (GP notes, therapist/counsellor records) showing anxiety, depression, or other psychological harm is helpful but not essential. Witness statements from friends, family, colleagues about changes to your behaviour and mood are valuable. A detailed account of how the discrimination affected you emotionally is necessary — explain the stress, embarrassment, impact on work, relationships, sleep, appetite, etc.

If there are multiple acts of discrimination, does the award increase?

Yes. If discrimination occurred on multiple occasions or was ongoing over time, the tribunal will award a higher figure within or above the applicable band. A series of incidents causing cumulative distress attracts a higher award than a single isolated act. This is sometimes called "compounded" or "aggravated" injury to feelings.

What is aggravated damages?

Aggravated damages are additional compensation on top of the injury to feelings award. They apply where the employer's conduct after the initial discrimination was particularly callous or unreasonable — for example, victimising the claimant for complaining, dismissing them vindictively, or conducting a dishonest investigation. Aggravated damages typically add £2,000–£10,000 to the injury to feelings award.

Do both the claimant and respondent have to agree on the Vento band?

No. The tribunal decides which band applies based on the evidence. Both parties will submit arguments on which band fits. If the discrimination is admitted or proven, the tribunal may hear separate evidence on injury to feelings (sometimes called a "remedy hearing") before deciding the band and amount.

Can the injury to feelings award be reduced due to contributory fault?

Generally, no. Injury to feelings awards are not reduced for contributory conduct by the claimant — the emotional harm from discrimination is the harm, regardless of whether the claimant contributed to their dismissal or other loss. However, in rare cases where the claimant behaved extraordinarily badly, a tribunal might make a modest reduction.

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Injury to Feelings & Vento Bands

Discrimination Compensation Explained

Extra damages possible

What Is Injury to Feelings?

Injury to feelings is compensation for the emotional and psychological distress caused by unlawful discrimination. It is awarded separately from financial losses (unpaid wages, loss of earnings) and recognises the dignitary harm of being treated unfairly because of a protected characteristic.

Applies to all discrimination claims:

• Race discrimination
• Sex discrimination (including sexual harassment)
• Disability discrimination
• Age discrimination
• Sexual orientation discrimination
• Gender reassignment discrimination
• Religion or belief discrimination
• Pregnancy/maternity discrimination
• Harassment and victimisation

What "injury to feelings" includes:

The distress caused by the discriminatory conduct itself — not subsequent financial losses. This includes:

Humiliation and embarrassment
Loss of confidence and self-esteem
Stress, anxiety, depression
Sleep disturbance and appetite changes
Damage to reputation
Feeling unsafe or unwelcome at work

Every successful discrimination claim includes injury to feelings unless the discrimination was utterly trivial or you suffered no emotional impact whatsoever (rare). Even if you suffered no financial loss (e.g., you were not dismissed), you can still claim injury to feelings.

The Vento Bands (updated annually)

The Vento bands are guidelines set in employment law to ensure consistent awards across tribunals. They are adjusted annually for inflation by the Employment Tribunal President. Check the current Presidential Guidance on Injury to Feelings for the latest figures. Indicative ranges based on recent guidance are shown below:

Lower Band: £1,300–£12,600

Applies where the discrimination was less serious in nature and duration:

Isolated incidents of discrimination (one or two occurrences)
Relatively minor in impact (no substantial emotional distress)
Short duration (weeks or months, not years)
Low-level harassment or unfair treatment
Example: Excluded from one social event because of race; one inappropriate comment by a manager

Middle Band: £12,600–£37,700

Applies where the discrimination was serious or part of a pattern:

Serious single incident with substantial impact
A series of discriminatory incidents over months
Significant emotional distress (anxiety, depression)
Impact on health, relationships, or work performance
Example: Sustained sexual harassment over 6 months; dismissal in circumstances involving discrimination; systematic exclusion from opportunities

Upper Band: £37,700–£62,900

Applies where the discrimination was particularly serious or sustained:

Prolonged and serious discrimination over years
Campaign-like treatment designed to force you out
Disability discrimination with severe health consequences
Severe harassment or assault
Substantial psychiatric injury or long-term psychological harm
Example: Years of racist abuse; disability discrimination leading to PTSD; sustained sexual harassment culminating in forced resignation

Exceeding the bands (rare)

In exceptional cases of particularly heinous discrimination causing severe, lasting psychiatric injury, tribunals may award above £62,900. This is uncommon and requires powerful evidence of long-term harm. Most awards fall within the three bands.

How Tribunals Decide Which Band Applies

The tribunal listens to evidence about the discrimination and your emotional response, then decides which band is appropriate. Both parties will argue for different bands.

Factors tribunals consider:

Seriousness of the discrimination:
Was it offensive, demeaning, or insulting? Or was it more subtle or unintentional?
Was it a one-off or sustained over months/years?
Did it happen once, occasionally, or constantly?
Your emotional response:
What evidence shows how much distress you suffered?
Do GP or counsellor records confirm anxiety, depression, etc.?
Did it affect your ability to do your job or your relationships with colleagues?
Subsequent treatment:
Did the employer make things worse (victimisation, poor investigation)?

The tribunal's task:

The tribunal is not trying to measure pain objectively (impossible). Rather, it is assessing the seriousness of the conduct and your reasonable reaction to it. A tribunal will not award upper band compensation just because you felt upset; there must be objective evidence that the discrimination was sufficiently serious and sustained to warrant that level of award.

Evidence That Supports Higher Injury to Feelings Awards

To persuade the tribunal that you deserve middle or upper band compensation, you need evidence of the harm suffered.

Medical/psychological evidence:

Request your medical file from your GP. Entries about stress, anxiety, depression, or sleep disturbance are valuable.
Counselling/therapy:
If you saw a counsellor or therapist, their records and a letter confirming the nature and duration of treatment help.
Extended absences from work due to stress can indicate serious impact.
Expert psychiatric report:
For upper-band cases, a report from a psychiatrist or clinical psychologist diagnosing PTSD, depression, etc., is persuasive. This is costly (£500–£2,000) but can justify an upper-band award.
Friends and family: "I noticed [your name] became withdrawn, anxious, didn't want to go out"
Former colleagues: "The workplace was hostile and made it clear they were not welcome"
Trusted advisers: Your statement alone is important, but corroboration by others strengthens it significantly.

Your own account (witness statement):

Your detailed account of how the discrimination affected you emotionally is crucial. Do not be bland. Explain:

How you felt at the time (humiliated, scared, angry, etc.)
Impact on sleep, appetite, relationships
Whether you had to seek medical help
How long the effects lasted
Ongoing anxiety about returning to similar situations
Loss of confidence in your own abilities
Emails, messages, or notes where the discrimination is evident
Formal complaints you made (showing you reported the harm)
Time off sick for stress/health reasons
Prescription records (antidepressants, anxiety medication)

Important note on medical evidence:

A tribunal can award middle or upper-band compensation even without medical evidence, based on the seriousness of the conduct and your credible account. Medical evidence strengthens your claim but is not essential if the discriminatory conduct was obviously serious (e.g., sustained racial abuse).

Multiple Acts of Discrimination

If you suffered discrimination on multiple occasions, the cumulative harm usually justifies a higher award within or above the applicable band.

A single slur or isolated incident might fall in the lower band (£2,000–£5,000). But if the same manager made racist comments on multiple occasions, or if harassment occurred across several months with multiple perpetrators, the tribunal will award a higher figure — perhaps £8,000–£15,000 in the lower-to-middle band transition, or squarely in the middle band (£15,000–£25,000).

Example of cumulative harm:

Jane is disabled. Her line manager:

Makes jokes about her wheelchair (month 1)
Excludes her from team meetings, claiming no accessible venue (month 2–3)
Denies her reasonable adjustments request (month 4)
Passes her over for promotion, citing "reliability concerns" linked to her disability (month 5)
Investigates her grievance unfairly, dismissing her complaint (month 6)

This sustained pattern of disability discrimination over 6 months would typically result in middle-band compensation (£15,000–£28,000), not lower band.

On top of the injury to feelings award, you may claim aggravated damages if the employer's conduct after the initial discrimination was particularly callous or unreasonable.

What triggers aggravated damages:

Victimisation: Treating you badly for complaining about the discrimination
Dishonest investigation: Investigating your complaint but dismissing it unfairly or lying about evidence
Dismissal for the "wrong reasons": Firing you ostensibly for performance, but really for the protected characteristic
Refusal to engage with the grievance process: Ignoring complaints or refusing reasonable adjustments
Public humiliation: Making the discrimination more serious by commenting publicly or in front of colleagues

Amount of aggravated damages:

Aggravated damages are awarded in addition to injury to feelings, not instead of. Typical amounts:

Modest aggravation (unfair investigation, minor dishonesty): £2,000–£5,000
Significant aggravation (victimisation, serious dishonesty): £5,000–£10,000
Severe aggravation (malicious dismissal, public defamation): £10,000–£20,000+

Aggravated damages example:

Sarah is subjected to sexual harassment by her boss. The harassment alone justifies middle-band injury to feelings (£15,000). But the company then:

Investigates her complaint but believes the boss (unfairly)
Does nothing to stop the harassment
Sarah files a tribunal claim and is immediately dismissed for "not fitting the team"

The tribunal awards: £15,000 injury to feelings + £7,000 aggravated damages = £22,000 total.

What Reduces or Limits Injury to Feelings Awards

Certain factors can lower the award or prevent you claiming at all.

Lack of evidence of distress

If you cannot persuasively show that the discrimination caused you emotional harm, the tribunal may award only lower band even for serious conduct. Your own testimony is important, but credible evidence (medical records, witness statements) strengthens it.

Failure to mitigate harm

If the discrimination was serious but you did nothing to address it (did not complain, seek counselling, or take steps to move on), the tribunal might award less. Conversely, seeking treatment and addressing the harm is a factor in the tribunal's favour.

Trivial discrimination

If the discrimination was genuinely trivial (a single off-hand comment, isolated minor behaviour), no injury to feelings award is made. The bar for "trivial" is high — isolated comments are not trivial.

Unreasonable behaviour by you (rare)

In extremely rare cases where your conduct during the hearing or investigation was extraordinarily bad (perjury, fabrication of evidence), a tribunal might reduce injury to feelings. This almost never happens.

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ET Presidents' Guidance on Vento Bands

Employment Rights Act 1996