The Presidents of the Employment Tribunals have now published the Ninth Addendum to the Presidential Guidance, confirming the updated Vento band compensation ranges for injury to feelings awards.
Key Points
- The Vento bands increase from 6 April 2026 for injury to feelings awards.
- The lower band rises to £1,300–£12,600, the middle band to £12,600–£37,700, and the upper band to £37,700–£62,900.
- The most exceptional cases may now exceed £62,900.
- The increases are based on inflation, using the Retail Prices Index (RPI) as at March 2026.
- The updated bands apply only to claims presented on or after 6 April 2026.
- The annual review of Vento bands follows the Court of Appeal decision in De Souza v Vinci Construction (UK) Ltd (2017).
The new bands will apply to claims presented on or after 6 April 2026.
The New Vento Bands
For claims presented on or after 6 April 2026, the Vento bands are as follows:
- Lower band (less serious cases): £1,300 to £12,600 (up from £1,200 to £12,100)
- Middle band (cases not warranting the upper band): £12,600 to £37,700 (up from £12,100 to £36,400)
- Upper band (most serious cases): £37,700 to £62,900 (up from £36,400 to £60,700)
In the most exceptional cases, awards may exceed £62,900 (previously £60,700).
Vento Bands Comparison: 2025/26 vs 2026/27
| Band | 2025/26 | 2026/27 |
|---|---|---|
| Lower Band Less serious cases |
£1,200 – £12,100 | £1,300 – £12,600 |
| Middle Band Moderate cases |
£12,100 – £36,400 | £12,600 – £37,700 |
| Upper Band Most serious cases |
£36,400 – £60,700 | £37,700 – £62,900 |
| Exceptional Cases | Exceeding £60,700 | Exceeding £62,900 |
The updated bands do not apply retrospectively. Hence, for claims presented before 6 April 2026, the previous Vento band rates (set out above) will continue to apply, in accordance with earlier Presidential Guidance and Addenda.
The revised figures reflect changes in inflation, with the Ninth Addendum taking into account movements in the Retail Prices Index (RPI) as at 20 March 2026.
As in previous years, the annual uplift is intended to preserve the real value of compensation awards over time.
The Presidents have once again acknowledged the limitations of the Retail Prices Index (RPI) as a measure of inflation. However, RPI continues to be used for the purpose of updating the Vento bands, pending any future decision to adopt an alternative index, such as those used in:
- the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases
- or under section 34 of the Employment Relations Act 1999
In terms of Scottish cases, the Vento bands remain subject to the following guidance: “So far as claims determined by an Employment Tribunal in Scotland are concerned, if an Employment Tribunal determines that the Simmons v Castle 10% uplift does not apply then it should adjust the approach and figures set out above accordingly, but in so doing it should set out its reasons for reaching the conclusion that the uplift does not apply in Scotland.“
The Importance of the Vento Bands
The Vento bands provide the framework for assessing compensation for injury to feelings in discrimination and whistleblowing claims.
Awards are assessed by reference to:
- the seriousness of the conduct
- the impact on the claimant
- the duration of the discriminatory treatment
The updated bands will therefore result in higher potential awards for successful claimants from April 2026.
Following the Court of Appeal decision in De Souza v Vinci Construction (UK) Ltd (2017), it was determined that there was a need to re-evaluate the Vento bands annually each March, with changes to the Vento bands to take effect on or after the 6th April each year so as to coincide with other April employment law rate changes.
In the wake of the De Souza case, it was stated that: “The Presidents will review and, if necessary amend, the Presidential Guidance in March 2018 and annually thereafter. Any new Presidential Guidance will come into effect in respect of claims presented on or after 6 April in each year.”
The increase in the Vento bands for 2026 is modest when compared to previous years, reflecting a period of more stable inflation.
Nevertheless, the continued upward movement in compensation levels reinforces the importance for employers of:
- maintaining robust equality and diversity policies
- addressing complaints promptly and effectively
- ensuring managers are properly trained in handling workplace issues
Even relatively minor acts of discrimination can give rise to significant financial exposure, particularly where awards fall within the middle or upper bands.
Employers: What This Means
- Increased Vento bands mean higher potential compensation awards in discrimination and whistleblowing claims.
- Even relatively minor acts of discrimination can now result in more significant financial exposure.
- Employers should review equality policies and ensure robust procedures for handling complaints.
- Training for managers remains critical to reduce the risk of claims and mitigate liability.
