The Vento bands have been increased with effect from the 6th April 2021 following their recent annual re-evaluation.
Increase In The Vento Bands
With effect from the 6th April 2021, there has been a small increase in the Vento bands. There is now a top band of £45,600.00 plus for exceptionally serious cases (for cases presented before the 6th April 2021, the band is £45,000.00 plus), an upper band of £27,400.00 - £45,600.00 for serious cases (for cases presented before the 6th April 2021, the band is £27,000.00 - £45,000.00), a middle band of between £9,100.00 - £27,400.00 (for cases presented before the 6th April 2021, the band is £9,000.00 - £27,000.00), and a lower band of between £900.00 - £9,100.00 for less serious and one-off cases (for cases presented before the 6th April 2021, the band is £900.00 - £9,000.00). 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
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 2021 re-evaluation, the addendum to the presidential guidance stated: “This Fourth Addendum updates, but does not otherwise replace, the Presidential Guidance originally issued on 5 September 2017 and the First, Second and Third Addenda subsequently issued on 23 March 2018, 25 March 2019 and 27 March 2020, which remain relevant to claims presented before 6 April 2021. The Fourth Addendum takes into account changes in the RPI All Items Index released on 24 March 2021."
The addendum added: "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."
Vento Bands & Other April Rate Changes
The Vento bands are amended every April along with most other rate changes. The date upon which the Vento bands are amended is on the 6th April each year.
The other rate changes that have taken place during this April are as follows:-
- 1st April 2021 - increases to the national minimum wage and national living wage
- 4th April 2021 - increases in statutory maternity pay, statutory paternity pay, shared parental pay, statutory adoption pay, maternity allowance, and statutory parental bereavement pay, from £151.20 to £151.97 per week.
- 6th April 2021 - statutory pick pay (SSP) increased from £95.85 to £96.35 per week. On the same date, the statutory cap on a weeks pay for the purposes of calculating the basic award and statutory redundancy pay, increased from £538.00 to £544.00
The increases in the national minimum wage and national living wage were as follows:-
- For workers aged 23 and over (i.e. the National Living Wage), the rate increased from £8.72 to £8.91 per hour
- For workers aged 21-22 inclusive, the rate increased from £8.20 to £8.36 per hour
- For workers aged 18-20 inclusive, the rate increased from £6.45 to £6.56 per hour
- For workers aged 16-17 inclusive, the rate increased from £4.55 to £4.62 per hour
- The apprentice rate increased from £4.15 to £4.30 per hour
Unlike the Vento bands and national living wage, the real living wage and London living wage increases in November each year. Hence, the real living wage was increased on the 9th November 2020 by 20p per hour from £9.30 per hour to £9.50 per hour. The London living wage increased at the same time, rising by 10p from £10.75 per hour to £10.85 per hour.
”
