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Damages for injury to feelings rising from 6 April 2018

The Presidents of the Employment Tribunals in England and Wales and Scotland have issued joint guidance updating the Vento bands used for calculating awards for injury to feelings.

For claims presented on or after 6 April 2018, the bands will be:

  • a lower band of £900 to £8,600 (for less serious cases);

  • a middle band of £8,600 to £25,700 (for cases that do not merit an award in the upper band); and

  • an upper band of £25,700 to £42,900 (for the most serious cases).

Awards in the most exceptional cases may exceed £42,900. For claims presented in Scotland, it remains the case that if an employment tribunal determines that the Simmons v Castle 10% uplift does not apply, then it should set out its reasons for reaching this conclusion and adjust its approach and the figures accordingly.

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