Vento v Chief Constable
The case behind injury to feelings awards
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Should I aim for the lower or middle band?
It depends on the facts. One serious incident with limited lasting impact sits in the lower band. Sustained conduct over weeks or months that caused clear distress puts you in the middle band. Assess duration and impact honestly.
Can a single serious incident reach the upper band?
Rarely. The upper band is reserved for sustained, prolonged campaigns. A single very serious incident might reach the top of the middle band or the lower upper band, but won’t typically sustain a full upper band award.
Are aggravated damages on top of the Vento band?
Yes. Aggravated damages are awarded separately and added to the Vento award, compensating for injury caused by the employer’s reaction (such as retaliation).
Do I need medical evidence to reach the middle band?
Not strictly. Medical evidence (GP notes, diagnoses, therapy records) strongly supports a middle or upper band claim. Tribunals can also assess impact through your own evidence describing the effect on your life.
Do Vento bands apply to whistleblowing claims?
No. Vento bands apply to discrimination claims only. Whistleblowing claims under the Employment Rights Act 1996 use a different framework, though injury to feelings may still be considered.
Vento v Chief Constable
Last updated: April 2026
[2002] EWCA Civ 1871
Three bands for injury to feelings awards provide consistency across discrimination cases — from less serious (lower) to most serious (upper).
Ms Vento was a probationary police officer subjected to repeated discrimination and harassment. Her case eventually reached the Court of Appeal on the question of how injury to feelings awards should be assessed in discrimination cases. The problem: awards varied wildly, from thousands to tens of thousands, with no consistency.
What the Court decided
The Court of Appeal (Mummery LJ) noted the wide disparity in awards and introduced three bands to bring consistency. The bands ensure awards are not "too low" (trivialising the impact on the claimant) nor "too high" (acting as a windfall). The bands give tribunals a framework within which to assess the actual impact on the individual.
Current band figures (April 2026 Presidential Guidance)
These figures are updated periodically for inflation:
- Lower band: £1,300 – £12,600
- — Less serious cases, one-off acts of discrimination, limited impact on claimant
- Middle band: £12,600 – £37,700
- — Serious, sustained, or targeted conduct; clear adverse effect on claimant's wellbeing
- Upper band: £37,700 – £62,900
- — Most serious cases — prolonged campaigns of harassment, deliberate targeting, severe psychological or medical impact
- Exceptional cases above upper band:
- In rare circumstances (sustained, severe, long-term discrimination with serious medical consequences), awards above £62,900 are possible
How tribunals determine the band
- Length and frequency:
- One incident = lower band. Weeks or months of conduct = higher bands
- Nature and deliberateness:
- Is it deliberately targeted at the claimant? Is it obviously discriminatory or covert?
- Medical evidence of depression, anxiety, PTSD, etc. strengthens a middle or upper band claim
- Was the claimant in a vulnerable position (probation, young, isolated)?
- Employer's response:
- Did the employer take action when notified? Ignoring complaints aggravates the award
- Aggravating conduct:
- Did the employer's later response (at tribunal, on appeal) add to the injury?
Available separately from the Vento award where the employer's conduct was particularly high-handed or oppressive — for example, dismissing the claimant in retaliation for raising discrimination concerns. Aggravated damages are typically £5,000–£25,000 on top of the Vento award. This is separate from the main injury award.
Are Vento awards taxable?
Awards for injury to feelings that are not connected to termination of employment are generally exempt from income tax under ITEPA 2003 s.406. Awards for injury to feelings on termination of employment may be treated differently. Advice should be taken on this point, as the tax treatment can depend on the specific circumstances.
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Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (BAILII)
Questions people ask
Should I aim for the lower or middle band?
That depends on the facts. If you experienced one serious incident with limited lasting impact, lower band applies. If the conduct was sustained over weeks or months and caused clear distress, you're in middle band. Assess honestly: how long did it go on? What was the impact on your work, health, and personal life? Tribunal will do the same.
Can a single serious incident reach the upper band?
Rarely. Upper band is reserved for sustained, prolonged campaigns. A single incident, even if very serious (like a sexual assault), might reach the top of middle band or lower upper band, but it won't typically sustain a full upper band award. The duration and repetition matter.
Is aggravated damages on top of the Vento band or reducing it?
On top. Aggravated damages are awarded separately and added to the Vento award. They compensate for injury caused by the employer's reaction to the complaint — for example, dismissing you in retaliation. You get a Vento award (within the band) and, separately, aggravated damages if the employer's response was high-handed.
Do I need medical evidence to reach the middle band?
Not strictly. Medical evidence (GP notes, diagnosis of depression/anxiety, therapy records) strongly supports a middle or upper band claim. But tribunals can assess impact through your own evidence — describing the effect on your work, relationships, and daily life. Medical evidence makes it easier, but isn't always required.
Do Vento bands apply to whistleblowing claims?
No. Vento bands apply to discrimination claims only. Whistleblowing claims (under the Employment Rights Act 1996 s.47B) use a different framework for awarding compensation. The elements of injury to feelings may be considered, but not within the formal Vento bands.
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ET Presidents' Guidance on Vento Bands
Employment Rights Act 1996