When assessing the risk posed by Employment Tribunal proceedings, we often assume that the value of a successful claim will depend entirely on the level of financial loss suffered by the claimant. But it’s important to remember that claimants can sometimes claim additional compensation for injury to feelings as well. So when and how much can a claimant claim?

When can you claim for ‘injury to feelings’?

In most unfair dismissal claims, the likely value of the claim for compensation is almost entirely dependent on the pure financial loss suffered by the employee. The higher the salary and/or the longer the period of unemployment, the greater the value of the claim. However, the situation can be quite different when the employee successfully claims discrimination or certain other forms of unlawful detrimental treatment. In these cases, as well as claiming for any financial loss, the employee can also claim compensation for injury to feelings. 

Putting a value on injured feelings

Awards for injury to feelings are designed to compensate employees for the hurt caused by the treatment to which they have been subjected. Putting a cash value on this element of an employee's claim can seem rather subjective. As a result, over time, a set of agreed guidelines have been developed as a way of categorising such claims and deciding how much compensation ought to be awarded. These are often referred to as the Vento guidelines, named after one of the cases which gave rise to them.

Under the Vento guidelines, cases are placed into one of three bands: the ‘lower band’ (for less serious cases), the ‘Middle band’ and the ‘Upper band’ (for the most serious cases). Each year, the rates at which injury to feelings awards are likely to be made in relation to these bands are revised. In relation to claims filed on or after 6 April 2025, the bands have been increased as follows:

• Cases falling into the ‘lower band’ are now likely to give rise to awards of £1,200 to £12,100;
• Cases falling into the ‘middle band’ are now likely to give rise to awards of £12,100 to £36,400; and,
• Cases falling into the ‘upper band’ are now likely to give rise to awards of £36,400 to £60,700.

It is also worth bearing in mind that in very exceptional cases, it is just possible that compensation in excess of £60,700 could be awarded.

Need more help?

When assessing the potential value of a discrimination claim (actual or threatened), factoring in the risk of an ‘injury to feelings’ award is very important. After all, given the potential value of such claims, it can make a big difference to your assessment of the commercial risks associated with a given dispute. If you need our help with this, please get in touch. We’d be keen to hear from you.

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