>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
What are the Vento Guidelines?
In discrimination claims, the primary remedy that is compensatory in nature is compensation for injury to feelings. It is a claim for compensation for the upset, distress or anxiety that a claimant has suffered as a result of discrimination. The amount of compensation that is awarded for injury to feelings is dictated by the Vento Guidelines which arose in the Court of Appeal case Vento v Chief Constable of West Yorkshire Police (No.2) [2003]. The Court of Appeal in this case established that the Tribunals should operate within three broad bands of compensation for injury to feelings awards, as distinct from compensation awards for psychiatric or similar personal injury.
The three bands are adjusted every year in April as per the Employment Rights (Increase of Limits) Order (Northern Ireland). The current amounts of compensation are as follows:
- Lower Band - £1,100 – £11,200: this is for isolated or minor incidents;
- Middle Band - £11,200 - £33,700: this is for serious cases that do not merit an award from the upper band;
- Upper Band - £33,700 - £56,200: this is for the most serious cases, generally those with a lengthy campaign of discrimination and harassment, with the most exceptional cases capable of exceeding £56,200.
It is important to be aware that the Vento Guidelines are not set in stone and that each case will be assessed and thereafter awarded based on the individual circumstances of those involved. These guidelines are instead a starting point for Tribunals to consider when deciding how much compensation should be awarded.
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