How much are hurt feelings worth? Vento in context

Injury to Feelings is a type of compensatory award by an Employment Tribunal that constitutes a separate compensation to any financial losses as a result of employer malpractice. To understand the updates and purpose of Vento bands in further detail, please click.

Whilst the bands set out three tiers of potential injury to feelings, it can be difficult to gauge what they might constitute in context without also reviewing how the courts have recently utilised the Vento bands.

From April 2026, the Vento bands stand as follows:

How have the courts have deployed Vento in recent years?

The Vento band relevant to each case heard at the Employment Tribunal will be the band that was in force at the time of the discrimination or wrongful conduct. Whilst the Vento band ranges increase in line with inflation, their remit remains the same.

The Lower Band

A lower band award would consist of minor or isolated incidents of discrimination which are short lived and have limited impact on the individual subjected to them.

We provide two examples of this band, each at the lower and higher end of the band respectively.

Eddie Stobart Limited v Graham [2025]: Award £2,000 (Pregnancy/maternity discrimination)

A pregnant employee was entitled to preferential rights to suitable alternative roles during a redundancy process, in light of her upcoming maternity leave. The employee worked as a planner and applied to a transport shift manager (TSM) vacancy. The employer asserted that this was not a suitable alternative role for the employee. Following a competitive interview, the employee was not offered the TSM role.

A grievance in relation to the redundancy process was raised by the employee but was blocked twice by the firewall and the employer failed to follow up, even when this was raised in a HR meeting. In the meantime, the employee was notified of her termination by reason of redundancy.

The first instance tribunal rejected most claims bought against the employer including unfair dismissal, discrimination and victimisation. However, £10,000 was initially awarded for Injury to Feelings which arose from the employer’s failure to deal with the grievance and failure to provide an adequate explanation to that by the tribunal, which amounted to unlawful detriment and pregnancy discrimination.

The employer appealed on the grounds that the award was so excessive as to be perverse and this was upheld by the Employment Appeal Tribunal, who reduced the Injury to Feelings award to £2,000 on that basis that the employee should not have had to chase up the grievance whilst she should have been enjoying maternity leave.

Garner v Thorpe Hall Leisure Ltd [2023]: Award £11,000 (Disability Discrimination)

An employee and commis chef of a four-star hotel suffered with anxiety, depression and polycystic ovary syndrome (PCOS). During her appraisal she was rated highly for her behaviour and commitment despite the stressful and demanding environment of the hotel kitchen. However, her employer noted areas of improvement to include ability to take criticism and variability in her mood.

Between June and July 2023, the employee had periods of sick leave with reasons cited to be related to medications in support of her ongoing mental health issues.

In August 2023, the employee had an argument with a colleague in a public area of the hotel. They had been in a relationship and the employee shouted at the colleague aggressively and with excessive use of expletives. On that basis, the employee was subject to a disciplinary process which resulted in her dismissal for gross misconduct.

The tribunal upheld part of the employee’s claim. They found that the employee’s inability to control her anger and her abruptness at the disciplinary stage were consequences of her disability. The employee’s claim for unfavourable treatment because of something arising in consequence of disability failed as the hotel was justified in dismissing her pursuant to their legitimate aims of preserving reputation towards guests and not tolerating unprofessional conduct by staff. However, the employee’s claim for failure to make reasonable adjustments succeeded. It would have been reasonable for the hotel to have requested a medical report which may have altered the outcome of the disciplinary, if the report had attributed the employee’s conduct to her disability. In that regard, £11,000 was awarded for Injury to Feelings which related both to the discrimination and the dismissal arising from discrimination, in absence of a medical report.

The Middle Band

A middle band award would consist of a sustained pattern of discriminatory behaviours which cause a significant impact the employee’s dignity and/or substantial emotional distress.

Gregory v Petrotrace Ltd [2022]: Award £20,000 (Age discrimination)

An employee, aged 62 and of Indian descent, was working for the employer as a Leading Project Geophysicist.

He was provided with a new job title although the nature and remit of his job role did not change. The employer later stated that this represented a demotion, but the employee argued that this was not communicated to him.

The employee was subsequently informed that he was under-performing in his new role and that that due to a downturn in work that he was at risk of redundancy. The employee was referred to as ‘not a young person’, ‘far over 60’ and a ‘pensioner’ by a major shareholder during the redundancy process. Further a managing director commented that the employee’s ‘face did not fit’.

The tribunal upheld most of the employee’s claims including unfair dismissal, direct age discrimination, victimisation and breach of contract. There was a lack of evidence to uphold claims of direct race discrimination and in relation to redundancy pay.

In awarding an Injury to Feelings sum of £20,000, the tribunal considered the employee’s age, skills and experience. It recognised the period in which the employee would be able to continue working full time and also considered the difficulties that may be faced by the employee in finding new employment, alongside the negative effects on his mental health.

The Upper Band

An upper band award would represent very serious cases of discrimination featuring a prolonged and malicious campaign against the victim via multiple actions. This would typically cause severe psychological harm.

Acheson v Avon Fire and Rescue Service [2022]: Award £35,000 (Sex discrimination –  within the upper band at the time of the discrimination)

The female employee worked as a firefighter with Avon Fire and Rescue Service. She was subject to discrimination on the basis of sex and suffered a campaign of discrimination which forced her resignation.

The tribunal upheld the employee’s claims of constructive dismissal, direct discrimination, harassment and victimisation. The misogynistic culture and behaviours that the employee was subject to included undermining and belittling the employee, ignoring her input but offering praise to male colleagues who repeated it, frequent sexist comments from male colleagues, sexist banter which was sometimes instigated by managers, humiliation when a manager told colleagues that he and the employee had watched porn together and being subject to victimisation when the same manager vocalising that a female colleague’s should have been in the kitchen, as opposed to the gym. Other behaviours and acts were also noted.

The discrimination had a significant impact on the employee’s mental health, and she suffered with PTSD. The tribunal found that the former employee had previously intended to remain in the Fire Service for the remainder of her career and, in light of those facts, concluded that an Injury to Feelings award in the upper band, of £35,000, was appropriate.

Quantifying Injury to Feelings

It can be difficult to assess potential Injury to Feelings awards. Professional legal advice can assist in analysing discrimination claims and any potential emotional impacts of workplace discrimination. For strategic advice or tribunal representation, please do reach out to Nelsons’ employment law team.
If you would like any support in understanding your position as an employer or conducting a policy review, please do not hesitate to contact the Nelsons Employment Team.