Why use this calculator
Workplace discrimination claims have no statutory cap on compensation, making them potentially the most valuable employment claims. The Vento band guidelines provide a framework for injury to feelings awards, while financial losses are compensated separately without limit. This calculator helps claimants and advisors estimate the potential value of a discrimination claim, combining injury to feelings with financial losses, aggravated damages, and interest.
How to use it
Enter your annual salary, select the appropriate Vento band for injury to feelings (lower for less serious, upper for the most serious cases of discrimination), enter the duration of financial loss in months, and indicate whether aggravating features are present. The calculator estimates total compensation including all heads of damage.
The formula
Injury to Feelings = Midpoint of selected Vento band. Financial Loss = (Annual Salary / 12) x Months of Loss. Aggravated Damages = 30% of injury to feelings award (if applicable). Interest = 8% per annum on total. Vento bands: Lower ($1,100-$11,200), Middle ($11,200-$33,700), Upper ($33,700-$56,200).
Worked examples
Employee earning $60,000, middle Vento band, 6 months financial loss, no aggravating features
Total compensation of approximately $53,830 including $22,450 injury to feelings and $30,000 financial loss
Employee earning $80,000, upper band, 12 months loss with aggravating features
Total compensation exceeding $138,000 reflecting the severity and duration of discrimination
When people use it
- Claimants assessing the potential value of a discrimination claim before proceeding
- Employment solicitors advising clients on likely compensation ranges
- Employers evaluating settlement offers to resolve discrimination disputes
- Equality and diversity professionals presenting the financial risk of non-compliance
Tips
- Discrimination claims have no statutory cap, unlike unfair dismissal, making them potentially more valuable
- Keep a detailed diary of discriminatory incidents including dates, witnesses, and the impact on your wellbeing
- Medical evidence of psychological harm (anxiety, depression, PTSD) can support a higher injury to feelings award
Questions people ask
- What are the Vento bands?
- The Vento bands (named after the case Vento v Chief Constable of West Yorkshire Police) provide guidelines for injury to feelings awards in discrimination cases. The lower band is for less serious one-off incidents, the middle band for serious cases that do not merit the highest award, and the upper band for the most serious prolonged campaigns of discrimination.
- What counts as aggravating features?
- Aggravating features include: the discriminator acting in a high-handed, malicious, insulting, or oppressive manner; the employer failing to take complaints seriously or retaliating against the complainant; the discriminator being in a position of authority; and repeated behavior despite warnings.
- Can I claim for discrimination without losing my job?
- Yes. You do not need to have been dismissed to bring a discrimination claim. Discrimination in terms of pay, promotion, working conditions, harassment, and victimization can all be claimed while still employed. However, the relationship with your employer may be affected.