13 April, 2018
Under Hong Kong’s anti-discrimination legislation, one of the common remedies that a claimant in a claim for an unlawful act of discrimination or harassment usually seeks is damages for injury to feelings. The assessment of such damages is usually carried out according to what is called a Vento scale, which consists of three broad “bands” of damages, depending on the severity of injury to feelings. The Vento scale, derived from English case law, has been adopted and consistently applied in Hong Kong.
Over the years, the Vento scale has gradually developed by way of case law and there has been constant suggestion that it should be revised based on evolving social circumstances. On 20 July 2017, the Presidents of the Employment Tribunals in England & Wales and in Scotland (the “Employment Tribunals”) launched a consultation on proposed changes to the awards for injury to feelings and psychiatric injury.
The consultation concluded that the Employment Tribunal does not need to undertake a review of awards for injury to feelings generally, and the Vento bands in particular should not be reformed.
However, the Employment Tribunal also acknowledged the need to revalue the Vento scale in order to reflect inflation and recent case law, which suggested that a 10% uplift should be applied.
Therefore, since 4 September 2017 and ultimately subject to the Employment Tribunal’s discretion, the Vento scale in the United Kingdom has been adjusted upwards. It remains to be seen whether the adjustment will be adopted by Hong Kong courts via new case law, or if the courts / legislators will adopt a similar approach in re-evaluating the Vento scale as it is currently applied in Hong Kong.
For further information, please contact:
Samantha Cornelius, Linklaters
samantha.cornelius@linklaters.com
