The Vento bands, which help calibrate what is awarded as compensation for injury to feelings awards, will increase with effect from the 6th April 2025 following their annual re-evaluation, as set out in guidance issued by the Presidents of the Employment Tribunals in England & Wales and Scotland on the 27th March 2025.
Vento Bands
Following the latest annual re-evaluation, the increases in the Vento bands will take effect from the 6th April 2025.
The new rate for the top band of the Vento bands is £60,700.00 plus for exceptionally serious cases. For cases presented before the 6th April 2025, the band is £58,700.00 plus.
In relation to the upper band, the band increases to £36,400.00 to £60,700.00 for serious cases. As regards cases presented before the 6th April 2025, the band is £35,200.00 to £58,700.00.
The middle band will increase to £12,100.00 to £36,400.00. In relation to cases presented before the 6th April 2025, the band is £11,700.00 to £35,200.00.
In terms of the lower band, it will increase to £1,200.00 to £12,100.00 for less serious and one-off cases. For cases presented before the 6th April 2025, the band is £1,200.00 to £11,700.00.
The Court in Vento stated that awards for less than the lower band should be avoided, and that remains the guidance.
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.“
Background To The Annual Re-Evaluation
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. We recognise the need to adopt a simple and transparent method for revaluing injury to feelings awards.”
In relation to the re-evaluation on the 27th March 2025, the presidential guidance stated: “This Eighth Addendum updates, but does not otherwise replace, the Presidential Guidance originally issued on 5 September 2017 and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Addenda subsequently issued on 23 March 2018, 25 March 2019, 27 March 2020, 26 March 2021, 28 March 2022, 24 March 2023 and 25 March 2024, which remain relevant to claims presented before 6 April 2025. The Eighth Addendum takes into account changes in the RPI All Items Index released on 26 March 2025."
Inflation
In the Eighth Addendum, the Presidents point out that: “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’s 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 increases to the Vento bands were, as they usual are each year, the final set of the April rate changes to be announced. The other April rate changes are set out here.
