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Get in touch 0117 325 0526
Background: There are three levels of bands for compensation for injury to feeling as a result of discrimination (known as ‘Vento’ bands, after the 2002 case by that name). Awards for injury to feelings are made to employees for the hurt caused when they have been treated in a discriminatory way which is unlawful under the Equality Act 2010.
The Vento bands for 2024 are:
Facts: The employee (who had been employed for approximately six months) took sick leave due to morning sickness. The next day the employer reduced the employee’s hours to two days a week. It subsequently criticised her capability and conduct and placed her at risk of redundancy. It dismissed her one month before she started her maternity leave.
The employee brought Tribunal claims, including for pregnancy discrimination.
Tribunal decision
The Tribunal upheld the employee’s claim. It awarded £5,000 for injury to feelings. However, in doing so it did not apply the Vento bands or assess where the employee’s injury fell within those bands.
The employee appealed against the amount of the award.
EAT decision
The EAT said the Tribunal’s assessment of the injury to feelings award was flawed. In particular the Tribunal had failed to:
The EAT returned the decision to a new Tribunal to reassess the amount of the award.
Implications: This is a good reminder not only of the importance of the Vento bands (in assessing how much an employee may be awarded for injury to feelings) but also how not to treat a pregnant employee!
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