When an employee feels that they have been unfairly dismissed from their job, they have the right to take their case to an employment tribunal. The employment tribunal is a judicial body in the United Kingdom that hears cases related to employment disputes, including claims of unfair dismissal. If the tribunal finds in favor of the employee, they may be entitled to receive compensation in the form of an employment tribunal award.
Unfair dismissal occurs when an employee is dismissed from their job in a way that is not in line with the law or their employment contract. This could include being fired without a valid reason, being let go for discriminatory reasons, or being dismissed without the proper notice or procedures being followed. In these cases, an employee can bring a claim of unfair dismissal to an employment tribunal to seek redress.
When determining the amount of an employment tribunal award for unfair dismissal, the tribunal will consider a variety of factors, including the employee’s length of service, age, and salary. The maximum amount that can be awarded for unfair dismissal is currently £88,519 (as of April 2021), although this figure is subject to change each year. However, it is important to note that this is the maximum amount and not all employees will receive this much in compensation.
There are two types of compensation that may be awarded in an unfair dismissal case: a basic award and a compensatory award. The basic award is calculated based on the employee’s length of service, their age, and their weekly pay, up to a maximum of £16,320 (as of April 2021). The compensatory award, on the other hand, is intended to compensate the employee for the financial losses they have incurred as a result of being unfairly dismissed, such as loss of earnings and benefits. There is no cap on the amount that can be awarded for the compensatory award, as it is meant to reflect the actual losses suffered by the employee.
In addition to monetary compensation, the employment tribunal may also order the employer to reinstate or re-engage the employee in their former position. Reinstatement means that the employee is put back into their old job as if they had never been dismissed, while re-engagement involves offering the employee a different position within the company. However, these remedies are relatively rare, as the tribunal will only order them if both parties agree and if it is deemed to be practicable.
It is important to note that not all unfair dismissal cases will result in an employment tribunal award. The tribunal will carefully consider the circumstances of each case before making a decision, and it is ultimately up to the tribunal to determine whether the employee has been unfairly dismissed and what the appropriate remedy should be. Employers should be aware that they can face financial penalties if they are found to have unfairly dismissed an employee, so it is important to follow the correct procedures and have valid reasons for dismissal.
Overall, employment tribunal awards for unfair dismissal aim to provide employees with a remedy when they have been unfairly treated by their employer. By compensating employees for their losses and holding employers accountable for their actions, the tribunal seeks to ensure that employees are treated fairly and that employment laws are upheld. If you believe you have been unfairly dismissed from your job, it is important to seek legal advice and consider taking your case to an employment tribunal to seek redress.