As an employee, it is important to be aware of your rights and the protections that are in place to ensure fair treatment in the workplace. One such protection is the right not to be unfairly dismissed. If you believe you have been unfairly dismissed from your job, you may be entitled to bring a claim before an employment tribunal. In this article, we will explore what employment tribunal awards for unfair dismissal entail and how they are calculated.
Unfair dismissal occurs when an employer terminates an employee’s contract of employment without a fair reason or without following the correct procedures. In the UK, employees are protected from unfair dismissal under the Employment Rights Act 1996. If an employee believes they have been unfairly dismissed, they have the right to bring a claim before an employment tribunal.
When an employment tribunal finds that an employee has been unfairly dismissed, they have the power to award compensation to the employee. This compensation is intended to compensate the employee for the loss they have suffered as a result of the unfair dismissal. The amount of compensation awarded will vary depending on the circumstances of the case.
There are two types of compensation that may be awarded in cases of unfair dismissal: the basic award and the compensatory award. The basic award is calculated based on the employee’s age, length of service, and weekly pay, up to a maximum cap of £16,140 (as of April 2021). The compensatory award, on the other hand, is intended to compensate the employee for financial losses such as loss of earnings, benefits, and future loss of earnings. There is no cap on the amount of compensatory award that can be awarded, although there are certain limits in place for cases involving high earners.
In addition to compensation for financial losses, an employment tribunal may also award damages for injury to feelings in cases of unfair dismissal. These damages are intended to compensate the employee for the distress, humiliation, and injury to their feelings that they have suffered as a result of the unfair dismissal. The amount of damages awarded will depend on the severity of the impact on the employee’s mental and emotional well-being.
It is important to note that not all claims for unfair dismissal will result in a successful award of compensation. In order to be successful in a claim for unfair dismissal, the employee must be able to demonstrate that the dismissal was unfair and that it was not for a fair reason such as misconduct, redundancy, or capability. The employee must also show that the employer did not follow the correct procedures when dismissing them.
In cases where an employment tribunal finds that an employee has been unfairly dismissed, the tribunal will consider various factors when calculating the amount of compensation to be awarded. These factors may include the employee’s length of service, age, salary, and the efforts made by the employee to find alternative employment. The tribunal will also take into account any contributory factors on the part of the employee, such as misconduct or poor performance.
employment tribunal awards for unfair dismissal are intended to provide redress to employees who have been unfairly treated by their employers. By awarding compensation, the tribunal aims to compensate the employee for the losses they have suffered and to deter employers from engaging in unfair dismissal practices in the future. It is important for employees to be aware of their rights and to seek legal advice if they believe they have been unfairly dismissed.
In conclusion, employment tribunal awards for unfair dismissal play a crucial role in ensuring that employees are protected from unfair treatment in the workplace. If you believe you have been unfairly dismissed, it is important to seek legal advice and consider bringing a claim before an employment tribunal. By understanding the compensation available for unfair dismissal, you can take steps to protect your rights as an employee.