Unfair dismissal occurs when an employee is dismissed from their job in a way that is considered to be harsh, unjust or unreasonable by an Employment Tribunal. In cases where an employer is found to have unfairly dismissed an employee, the tribunal has the power to award compensation to the employee. These awards are intended to compensate the employee for their loss and suffering as a result of the unfair dismissal.
employment tribunal awards for unfair dismissal can vary greatly depending on the circumstances of the case. The tribunal will take into account factors such as the length of the employee’s service, the reason for their dismissal, any loss of earnings suffered and any efforts made by the employee to find another job. There are two main components to unfair dismissal awards: the basic award and the compensatory award.
The basic award is calculated based on the employee’s age, length of service and weekly pay. It is intended to compensate the employee for their loss of job security and any failure by their employer to follow the correct dismissal procedures. The maximum amount of the basic award is currently £16,320, although this figure is subject to change each year in line with inflation.
The compensatory award is designed to compensate the employee for any loss of earnings they have suffered as a result of the unfair dismissal. This can include loss of wages, bonuses, benefits and any future earnings that the employee would have received had they not been dismissed. Unlike the basic award, there is no cap on the amount that can be awarded as a compensatory award, although there are limits on how much can be awarded for certain types of loss, such as loss of pension rights.
In addition to the basic and compensatory awards, the tribunal may also make additional awards in certain circumstances. For example, if the tribunal finds that the employer’s conduct during the dismissal process was particularly egregious, they may award the employee an additional amount of compensation as a form of punitive damages. This is intended to punish the employer for their actions and deter them from behaving in a similar manner in the future.
It is worth noting that employment tribunal awards for unfair dismissal are not always monetary. In some cases, the tribunal may order the employer to reinstate the employee to their former position or to provide them with alternative employment. This is known as a reinstatement or re-engagement order and is intended to put the employee back in the position they would have been in had they not been unfairly dismissed.
In order to make a successful claim for unfair dismissal, an employee must first have been employed for a certain length of time. In most cases, this is two years, although there are exceptions for cases involving discrimination, whistleblowing or health and safety concerns. The employee must also show that their dismissal was unfair and that they have exhausted any internal grievance procedures before making a claim to the tribunal.
It is important for employees who believe they have been unfairly dismissed to seek legal advice as soon as possible. employment tribunal awards for unfair dismissal can be complex and it is essential to have expert representation in order to maximize the chances of a successful outcome. A solicitor will be able to assess the strength of the employee’s case, gather evidence, prepare the claim and represent them at the tribunal hearing.
In conclusion, employment tribunal awards for unfair dismissal can provide much-needed compensation to employees who have been unfairly treated by their employers. These awards are intended to reflect the loss and suffering experienced by the employee as a result of the unfair dismissal and to hold the employer accountable for their actions. By understanding the components of unfair dismissal awards and seeking expert legal advice, employees can increase their chances of securing a fair outcome in their case.