Further to our last article on the Vento bands, there has been a small increase in the Vento bands, with changes coming into force on the 6th April 2018.
Increase In The Vento Bands
With effect from the 6th April 2018, there has been a small increase in the Vento bands. There is now a top band of £42,900.00 plus for exceptionally serious cases (for cases presented before the 6th April 2018, the band is £42,000.00 plus), an upper band of £25,700.00 – £42,900.00 for serious cases (for cases presented before the 6th April 2018, the band is £25,200.00 – £42,000.00), a middle band of between £8,600.00 to £25,700.00 (for cases presented before the 6th April 2018, the band is £8,400.00 – £25,200.00), and a lower band of between £900.00 to £8,600.00 for less serious and one-off cases (for cases presented before the 6th April 2018, the band is £800.00 – £8,400.00). The Court in Vento stated that awards for less than the lower band should be avoided, and that remains the guidance.
Background To The Annual Re-Evaluation Of The Vento Bands
During the post De Souza consultation on the Vento bands, it was determined that there was a need to re-evaluate the bands annually each March, with changes to take effect on or after the 6th April each year, in order to coincide with other employment law rate changes. 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. We recognise the need to adopt a simple and transparent method for revaluing injury to feelings awards.”
Following the March 2018 re-evaluation, the addendum to the presidential guidance stated: “This Addendum updates, but does not otherwise replace, the Presidential Guidance originally issued on 5 September 2017, which remains relevant to claims presented before 6 April 2018. It takes into account changes in the RPI All Items Index released on 20 March 2018……The Presidents remain aware of the shortcomings of the Retail Prices Index as a measure of inflation. They will consider at the relevant time any future change to the appropriate index of inflation that might be adopted in the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases and/or by section 34 of the Employment Relations Act 1999.”