Losing a job can be a distressing experience for anyone, especially if it is deemed unfair by the employee. In such cases, individuals can seek justice through employment tribunals, which are independent bodies that resolve disputes between employers and employees. One of the most common reasons for employees to file a claim at an employment tribunal is unfair dismissal.
Unfair dismissal occurs when an employer terminates an employee’s contract of employment in a way that is considered to be harsh, unreasonable, or disproportionate. This can include being dismissed without notice, being dismissed for spurious reasons, or being dismissed in a way that breaches the terms of the employment contract. In such cases, employees have the right to seek compensation for the injustice they have suffered.
When an employee wins a claim for unfair dismissal at an employment tribunal, they are entitled to receive what is known as an employment tribunal award. This award is intended to compensate the employee for their financial losses resulting from the unfair dismissal, as well as for the emotional distress and damage to their reputation that may have been caused. The amount of the award will depend on a variety of factors, including the length of time the employee has been employed, the reason for their dismissal, and the financial losses they have suffered as a result.
There are two main types of awards that may be granted by an employment tribunal 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, and is subject to a statutory cap. Currently, the maximum basic award is £16,140. However, the actual amount awarded will be based on the employee’s earnings and length of service at the time of their dismissal.
In addition to the basic award, employees may also be entitled to receive a compensatory award, which is designed to compensate them for their financial losses resulting from the unfair dismissal. This can include lost wages, benefits, and bonuses, as well as expenses incurred in looking for a new job or retraining. The compensatory award is not subject to a statutory cap and can vary significantly depending on the circumstances of the case. However, it is important to note that employees are required to mitigate their losses by actively seeking new employment, and the amount of the compensatory award may be reduced if the tribunal feels that the employee has not made a sufficient effort to find work.
In addition to financial compensation, employment tribunals may also order reinstatement or re-engagement as remedies for unfair dismissal. Reinstatement involves the employer re-employing the dismissed employee in their former role, with their employment rights and benefits fully restored. Re-engagement, on the other hand, involves the employer re-employing the dismissed employee in a similar role or a different role within the organization. These remedies are intended to restore the employee to their former position and compensate them for the loss of earnings and benefits resulting from the unfair dismissal.
In conclusion, employment tribunal awards for unfair dismissal are designed to compensate employees for the financial losses and emotional distress they have suffered as a result of being unfairly dismissed from their job. These awards can vary in amount depending on the circumstances of the case, but they are intended to provide justice and redress for employees who have been wronged by their employers. If you believe that you have been unfairly dismissed from your job, it is important to seek legal advice and consider filing a claim at an employment tribunal to seek the compensation you are entitled to.