Employment tribunals play a crucial role in resolving disputes between employees and employers. One of the most common types of claims heard in these tribunals is for unfair dismissal. When an employee believes they have been dismissed unfairly, they can take their case to an employment tribunal to seek redress. If the tribunal finds in favor of the employee, they may award compensation. In this article, we will explore the process of making a claim for unfair dismissal and the types of awards that may be granted.
To make a claim for unfair dismissal, an employee must first meet certain criteria. They must have been employed for at least two years (or one year in some cases) and must make their claim within three months of the date of dismissal. They must also show that their dismissal was not justified or fair according to the law. Examples of unfair dismissal include being dismissed for reasons related to age, gender, race, disability, or pregnancy, among others.
Once an employee decides to pursue a claim for unfair dismissal, they must first go through the early conciliation process with ACAS (Advisory, Conciliation, and Arbitration Service). This is a free service that aims to help parties resolve their disputes without the need for a tribunal hearing. If the parties are unable to reach a settlement through conciliation, the employee can then proceed to file a claim with the employment tribunal.
The employment tribunal will then schedule a hearing where both parties will have the opportunity to present their evidence and arguments. If the tribunal finds in favor of the employee and rules that their dismissal was unfair, they may award compensation. The amount of compensation will depend on various factors, including the employee’s length of service, their salary, and the circumstances of their dismissal.
There are two types of awards that may be granted in cases of unfair dismissal: a basic award and a compensatory award. The basic award is calculated based on the employee’s age, length of service, and weekly pay. The maximum amount that can be awarded for the basic award is currently £16,320. However, this amount is subject to annual increases.
In addition to the basic award, the tribunal may also grant a compensatory award to compensate the employee for any financial losses they have suffered as a result of their dismissal. This can include loss of earnings, future loss of earnings, and loss of benefits such as pension contributions. The compensatory award is not subject to a cap and can vary depending on the individual circumstances of the case.
It is important to note that the tribunal may also consider whether the employee contributed to their dismissal in any way. If the tribunal finds that the employee contributed to their dismissal, they may reduce the amount of compensation awarded accordingly. This is known as a deduction for contributory fault.
In some cases, the tribunal may also award additional damages for factors such as loss of reputation or injury to feelings. These are known as “Vento bands” and are intended to compensate the employee for any non-financial harm they have suffered as a result of their dismissal.
Overall, employment tribunal awards for unfair dismissal can vary widely depending on the individual circumstances of the case. It is important for employees to seek legal advice if they believe they have been unfairly dismissed to understand their rights and options for seeking redress.employment tribunal awards for unfair dismissal are an important form of protection for employees and can help to ensure that employers comply with their legal obligations. These awards play a crucial role in providing compensation and redress to employees who have been unfairly dismissed, and help to uphold fairness and justice in the workplace.