The Court of Appeal in Vento -v- Chief Constable of West Yorkshire Police [2002] and Da’ Bell -v- National Society for Prevention of Cruelty to Children set down the following guidance. As at 6 April 2022 the Vento bands are:

  • a lower band of £990 to £9,900 (less serious cases);
  • a middle band of £9,900 to £29,600 (cases that do not merit an award in the upper band); and.
  • an upper band of £29,600 to £49,300 (the most serious cases), with the most exceptional cases capable of exceeding £49,300.

The Employment Tribunal can:

  • make a declaration as to the rights of the complainant and the respondent in relation to the matter to which the proceedings relate.
  • order the respondent to pay compensation to the complainant and make an appropriate recommendation. A recommendation could include ensuring that a policy is more effectively implemented, staff retraining or introducing an equal opportunities policy for example.

There is no qualifying period for employees (including workers) making a claim of discrimination.

The claim must be presented within three months of the act complained of or last in a series of continuing acts. The employment tribunal does have the power to extend this period if they consider it just and equitable to do so. To constitute a continual act, a link must be made between the acts by some discriminatory state of affairs being established.

Yes, deemed disabilities include:

  • Cancer
  • HIV infection
  • Multiple sclerosis
  • Blindness, severe sight impairment, sight impairment and partial sightedness (provided this is certified by a consultant ophthalmologist) and severe disfigurements.

In all other cases, the statutory test applies. This states: “A person (P) has a disability if (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.

Direct discrimination cannot generally be justified. With regard to direct age discrimination this will only occur when an employer cannot objectively justify their actions.

The basis of a complaint of discrimination must be linked to a Protected Characteristic. These Protected Characteristic are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race (which includes colour, nationality, ethnic or national origin)
  • Religion or belief
  • Sex
  • Sexual orientation

The Equality Act 2010 protects you from discrimination:

  • When in the workplace
  • When using public services
  • Transport
  • Clubs or associations
  • Public bodies like government departments and local authorities
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For help and advice, talk to a member of our team. They can advise on the best options in your matter.

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