Employee claims compensation amounts
Different types of claim entitle you to different types of compensation. Even if you can claim a specific loss by raising multiple claims, you can only receive compensation for that loss once. For example, the fact that you can claim loss of notice both because it's a breach of contract and another type of claims does not mean you will receive your notice twice.
A breach of contract claim
If you resigned because of the bullying and walked away before the end of your notice period, you’ll be entitled to whatever you would have received for the notice period you didn’t work. An unfair dismissal claim: You will receive compensation under two main headings:
- Basic award: This is calculated based on your years of service and age. You can use the government calculator to calculate it
- Compensatory award: This compensates you for the financial loss caused by the unfair dismissal in terms of lost earnings (past and future) and lost benefits (including pension contributions). The current maximum award is £115,115 or 52 weeks' pay, whichever is lower. The average unfair dismissal award in 2023/2024 was £13,749
An Equality Act 2010, whistleblowing or negligence claim
You will receive compensation to put you back in the position you would have been in if this hadn’t happened. This falls in 3 categories:
- Compensation for injury to feelings (typically between £500 and £58,700, depending on how serious the case is)
- Compensation for personal injury (requires medical evidence)
- Compensation for lost income (past and future losses for as long as it is reasonable for you not to have found a way of earning as much)
One of the main differences with an unfair dismissal claim is that there is no cap on how much you can recover.
The injury to feelings award will fall in one of three categories called the "Vento bands":
Lower Band: £1,200 to £12,100 – applicable to less serious cases.
Typical Examples:
- Minor or one-off incidents of discrimination
- Brief or relatively low-level discriminatory conduct
- Minimal impact on the individual’s emotional or psychological well-being
Middle Band: £12,100 to £36,400 – for cases more serious than those in the lower band but not severe enough for the upper band.
Typical Examples:
- Ongoing or repeated instances of discriminatory treatment
- Considerable harm to an employee’s sense of dignity
- Actions resulting in marked emotional distress
Upper Band: £36,400 to £60,700 – reserved for the most serious forms of discrimination.
Typical Examples:
- Exceptionally serious or egregious discrimination
- Persistent and deliberate discriminatory behaviour
- Significant psychological harm to the individual
- Multiple incidents of discrimination
In the most exceptional cases, awards may exceed £60,700. This may apply to prolonged, entrenched discriminatory behaviour by an employer towards an employee over a long period. How much you get within each band will be determined by the level of impact the incident has had on you.