Compensation in the Employment Tribunal is largely based upon financial losses, however, where discrimination and Protected disclosure (whistleblowing) claims are concerned, claimants can also claim for non-financial loss including ‘injury to feelings’. An injury to feelings award is intended to compensate the claimant for the hurt and distress they have suffered as a result of the unlawful conduct. Importantly claimants can claim injury to feelings even if they have suffered no financial loss.
Guidelines for awards for Injury to feelings were set out in the case of Vento v Chief Constable of West Yorkshire Police (No 2)  IRLR 102 and the bands generally increase each April. For claims presented on or after 6 April 2023, the Vento bands will be: –
- Lower band of £1,100 – £11,200. This is for less serious cases such as one-off acts.
- Middle band of £11,200 – £33,700. This is for cases that do not merit the upper band.
- Upper band of £33,700 – £56,200. This award is of the most serious acts of discrimination. Exceptional cases could be awarded compensation beyond this sum.