When an employee feels that they have been unfairly dismissed from their job, they have the option to take their case to an employment tribunal. An employment tribunal is an independent body that resolves disputes between employers and employees. If the tribunal finds that the dismissal was unfair, they may award the employee compensation. In this article, we will discuss the process of employment tribunal awards for unfair dismissal and what factors can influence the amount awarded.
To bring a claim for unfair dismissal, an employee must meet certain criteria. They must have been employed for at least two years (or one year if their employment started before April 6, 2012) and must take their case to the tribunal within three months of the dismissal. The tribunal will then consider the circumstances surrounding the dismissal to determine if it was fair or unfair.
If the tribunal finds that the dismissal was unfair, they may order the employer to pay compensation to the employee. The amount of compensation awarded will depend on several factors, including the employee’s length of service, age, salary, and the circumstances surrounding the dismissal. The tribunal may also consider any loss of earnings that the employee has suffered as a result of the dismissal.
In addition to compensatory awards, the tribunal may also order the employer to pay a basic award. The basic award is calculated based on the employee’s age, length of service, and weekly pay, and is subject to a statutory cap. The current cap on the basic award is £16,320, but this amount is reviewed annually.
In some cases, the tribunal may also award a sum for injury to feelings. This type of award is designed to compensate the employee for the distress and upset caused by the unfair dismissal. The amount awarded will depend on the severity of the impact on the employee’s mental health and well-being.
Other factors that can influence the amount of compensation awarded by the tribunal include the employer’s conduct leading up to the dismissal, the employee’s efforts to find new employment, and any steps taken to mitigate their loss of earnings. The tribunal will also take into account any financial losses incurred by the employee as a result of the dismissal, such as loss of earnings, bonuses, and benefits.
It is important to note that the compensation awarded by the tribunal is intended to put the employee in the position they would have been in had they not been unfairly dismissed. This means that the employee should be compensated for both their financial losses and the impact on their emotional well-being.
employment tribunal awards for unfair dismissal can vary widely depending on the circumstances of the case. In some cases, the compensation awarded may be relatively modest, while in others it can amount to tens of thousands of pounds. Employers should be aware of the potential financial implications of an unfair dismissal claim and take steps to prevent unfair dismissals from occurring in the first place.
In conclusion, employment tribunal awards for unfair dismissal are designed to compensate employees who have been unfairly dismissed from their jobs. The amount of compensation awarded will depend on a number of factors, including the employee’s length of service, age, salary, and the circumstances surrounding the dismissal. Employers should be aware of the potential financial implications of unfair dismissal claims and take steps to ensure that their dismissal procedures are fair and compliant with employment law.