The 2002 employment case of Vento set guidelines for the amount of compensation an injured Claimant would receive for a successful discrimination (and whistleblowing) claim. Vento set three bands – lower, middle and top.
Compensation in the lower band is for less serious cases of discrimination (and whistleblowing) and for one-off events. Compensation in the middle band is essentially not the lower or top bands. Compensation falling into the top bracket is for the most serious cases of discrimination (and whistleblowing), such as when the discrimination has gone on for a long period of time and/or is particularly unpleasant, possibly with a sexual or racial element.
In September 2017, guidance was issued from the top Employment Tribunal Judges, which applies for all claims started after 11 September 2017. In the guidance the Vento bands were updated to:
- Lower band compensation of £800 to £8,400.
- Middle band compensation of £8,400 to £25,200.
- Upper band compensation of £25,200 to £42,000, with the most exceptional cases capable of exceeding £42,000.