Vento v Chief Constable of West Yorkshire Police (No. 2) [2002] EWCA Civ 1871

In brief

Vento is the leading Court of Appeal authority on quantum for injury to feelings in employment discrimination claims. The court held that awards must be compensatory, not punitive, and established three defined bands (lower, middle, upper) calibrated to the seriousness of the discriminatory conduct, with a ceiling of £25,000 in all but the most exceptional cases. The bands — updated periodically by Presidential Guidance — are now the mandatory starting point for every tribunal assessing non-pecuniary loss in discrimination proceedings.

Key provisions

• vento-band-1 — Top Vento Band — Most Serious Cases: Awards of £15,000–£25,000 (2002 values) for the most serious cases, such as a lengthy campaign of discriminatory harassment. Only in the most exceptional case should an award exceed £25,000.
• vento-band-2 — Middle Vento Band — Serious Cases: Awards of £5,000–£15,000 for serious cases that do not merit the highest band.
• vento-band-3 — Lower Vento Band — Less Serious Cases: Awards of £500–£5,000 for less serious cases, such as an isolated or one-off act of discrimination. Awards below £500 should be avoided.
• vento-compensatory-purpose — Compensatory Purpose of Injury to Feelings Awards: Awards must be compensatory — just to both parties, neither punishing the respondent nor so low as to diminish respect for anti-discrimination law.
• vento-double-recovery — Avoiding Double Recovery Across Non-Pecuniary Heads: Where awards are made for injury to feelings, psychiatric damage, and aggravated damages, tribunals must guard against double recovery by accounting for overlap.
• vento-flexibility — Flexibility Within Each Band: Within each band there is considerable flexibility, allowing the tribunal to fix what is fair, reasonable, and just in the particular circumstances.

When relevant

Board Briefing and risk quantification — when organisations ask 'what's the financial risk if we get this wrong?' The Vento bands quantify the damages exposure for gender reassignment discrimination, harassment, and exclusion claims. Relevant to: Board Briefing module, Risk Register, EqIA impact assessment sections, Defence Mode risk quantification, and any scenario where compensation is at stake.