Unlike compensation in Unfair Dismissal claims, which is limited to financial loss only, compensation awarded by an Employment Tribunal in a successful discrimination claim invariably also involves a further and separate award for ‘Injury to Feelings’ (ITF).
What is the purpose of the Injury to Feelings award?
The purpose of the Injury to Feelings award is to compensate the employee for the hurt and emotional damage caused by the discriminatory treatment they experienced.
The recent case of Eddie Stobart Ltd v Graham [2025] EAT 14, provided a useful reminder of the various factors to which regard ought to be had when deciding the amount which it would be just and equitable to award for any injury to hurt feelings sustained.
In this case, the Employment Appeal Tribunal (EAT) held that the Injury to Feelings award made by the Tribunal who originally dealt with the case, was manifestly excessive and went on to reduce the award by a whopping 80%.
This involved their substituting a figure of just £2,000 in place of the £10,000 originally awarded.
What is the current practice for assessing compensation for Injury to Feelings?
In the leading case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR 102, the Court of Appeal set clear guidelines for assessing the compensation for Injury to Feelings.
In doing so it sought to distinguish cases into 3 separate bands or grades, which became known as the ‘Vento Bands’. In brief these are:
- The lower band for “less serious cases, such as where the act of discrimination is an isolated or one-off occurrence”.
- The middle band is for “serious cases, which do not merit an award in the highest band”.
- The upper band is for “the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment on the ground of sex or race”. Only in “the most exceptional case” should an award for Injury to Feelings exceed the top of this band.
What are Vento Bands?
Vento Bands are generally increased year on year to take account of inflation and for claims presented on or after 6 April 2025.
The Vento Bands are as follows:
- Lower Band: £1,200 – £12,100
- Middle Band: £12,100 – £36,400
- Upper Band: £36,400 – £60,700
Facts of the Eddie Stobart case:
Ms Graham bought a claim against her employer, Eddie Stobart, on the basis that she had been unfairly dismissed and unlawfully discriminated against on grounds of her pregnancy and absence on maternity leave.
Although the tribunal rejected the majority of her claims, it also held that having regard to all the circumstances of the case that the company’s failure to follow up and deal with her formal grievance amounted to pregnancy related discrimination.
The tribunal awarded £10,000 to Mrs Graham for Injury to Feelings, which was at the lower end of the middle Vento band at the time of the discrimination complained off.
he company appealed, arguing that the award was ‘so excessive as to be perverse’, and that the tribunal had not given sufficient reasons for making an award of that magnitude.
The Employment Appeal Tribunal noted that there must be some evidence of Injury to Feelings before an award of compensation may be made and that the burden is on the claimant to show their feelings have been injured and to what extent.
Whilst the nature and manner of the act (or acts if more than one) of discrimination can in itself provide a basis for inferring the level of upset caused, the Employment Appeal Tribunal made clear that evidence from the parties of the claimant’s Injury to Feelings is key to determining compensation levels.
The Employment Appeal Tribunal also helpfully listed the following matters as examples of the matters which the parties should consider in preparing and submitting their claims:
- The Claimant’s description of the injury: The tribunal should consider the actual amount of upset caused whilst also taking the claimant as they find them, considering whether there are any special characteristics that makes them more vulnerable to upset or means that the experience is more impactful upon them.
- Duration of consequences: The tribunal should consider the period or time over which the claimant was upset or distressed and whether this was long-lasting or fleeting.
- Effect on past, current and future work: It may be relevant to consider the extent to which the claimant’s self-esteem was impacted or aligns with their working life.
- Effect on personal life or quality of life: If a tribunal considers this, it will be helpful to survey an evidential landscape comparing the claimant’s life before and after the discrimination. A view from a third party, such as a family member, may be helpful in appropriate cases.
Taking the above into account, the Employment Appeal Tribunal held that the fact that the failings on the part of the employer in this case only really amounted to procedurally issues taken together with the absence of any real evidence that the upset or injury felt by the claimant had been significant or long lasting the Employment Appeal Tribunal reduced the award to £2,000.
Future considerations for employers when assessing Injury to Feelings award
The Eddie Stobart case is essential reading for employers (and their advisers) when assessing the likely level of any Injury to Feelings award and the evidence which they ought to try and procure and collate, to help limit any such award.
How Morr & Co can help?
Navigating discrimination claims requires both legal expertise and practical understanding. With our balanced approach combining legal knowledge and commercial insight, our Employment team can help you manage risk while protecting your organisation’s reputation.
If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Employment team on 01737 854500 or email info@morrlaw.com and a member of our expert team will get back to you.
