Harassment - How does the Court value injury to feelings?

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Harassment - How does the Court value injury to feelings?

A damages award in a harassment claim seeks to compensate a claimant for distress and injury to feelings. In Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871, the Court of Appeal handed down guidance on the quantification of damages for harassment in the workplace, as distinct from compensation for psychiatric or similar personal injury.  That guidance is now commonly referred to as the Vento Bands, and the bands are updated for inflation. 

On 6 April 2024, the Vento Band were increased by the Presidents of the Employment Tribunals in England and Wales, and Scotland as follows:  

  1. Lower band, Less serious cases: £1,200 - £11,700 (increasing from £1,100 - £11,200)
  2. Middle band: £11,700 - £35,200 (increasing from £11,200 - £33,700)
  3. Upper band: £35,200 to £58,700 (increasing from £33,700 - £56,200)
  4. In the most exceptional cases: excess of £58,700

In determining where a claim may fall in the bands, the Court will consider a range of factors including the upset and distress caused to the claimant, whether any medical treatment may be required, the severity and permanency of any injury, and how the conduct might have impacted daily life. 

Each case is fact specific and requires evidence to support any claim for damages.  If you feel that you may be a victim of harassment, keep a detailed record of each incident and the impact, as this may be relied upon in evidence at a later stage. 

If you believe that you may be being harassed and require legal advice on the options available to you, please use our online enquiry form and select Media Law -  JMW Solicitors Manchester - Full Service Law Firm

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