When an employee feels they have been unfairly dismissed from their job, one of the options available to them is to bring a claim before an employment tribunal. These panels are independent bodies that have the power to adjudicate on disputes between employers and employees, including cases of unfair dismissal. If the tribunal finds in favor of the employee, they may be entitled to receive an award to compensate them for their loss. In this article, we will delve into the details of employment tribunal awards for unfair dismissal.
Unfair dismissal occurs when an employee is dismissed from their job in a manner that is considered to be harsh, unjust, or unreasonable. This could be due to a breach of employment law, a breach of contract, discrimination, or other unfair reasons. In order to bring a claim for unfair dismissal before an employment tribunal, the employee must have been employed for a minimum period of time, which is currently set at two years in the UK.
If an employee is successful in their claim for unfair dismissal, the employment tribunal has the power to award compensation in the form of a financial award. This award is intended to compensate the employee for the loss of income and benefits that they have suffered as a result of their unfair dismissal. 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 their dismissal.
In addition to compensatory awards, employment tribunals may also award a basic award for unfair dismissal. This is calculated based on the employee’s age, length of service, and weekly pay, up to a maximum of £16,320 (as of April 2021). The basic award is intended to provide a minimum level of compensation for unfair dismissal and is calculated in a similar way to statutory redundancy payments.
In cases of unfair dismissal, employment tribunals may also consider making an additional award known as a “compensatory award.” This award is intended to compensate the employee for any financial losses that they have suffered as a result of their dismissal, such as loss of earnings, pension entitlements, benefits, and other perks of the job. The compensatory award is uncapped and can be significant, especially in cases where the employee has been out of work for a lengthy period of time or has suffered significant financial losses.
It is important to note that employment tribunal awards for unfair dismissal are intended to compensate the employee for their financial losses, rather than to punish the employer. However, in cases where the employer’s conduct has been particularly egregious, the tribunal may consider making an additional award known as a “penalty award.” This award is intended to punish the employer for their actions and deter them from engaging in similar behavior in the future.
In some cases, employment tribunals may also award compensation for injury to feelings in cases of unfair dismissal. This is intended to compensate the employee for any emotional distress, humiliation, or damage to their reputation that they have suffered as a result of their dismissal. The amount of compensation awarded for injury to feelings will depend on the severity of the impact on the employee and can range from a few hundred pounds to several thousand pounds.
Overall, employment tribunal awards for unfair dismissal are an important form of redress for employees who have been unfairly dismissed from their jobs. By compensating employees for their financial losses and holding employers accountable for their actions, these awards play a vital role in upholding fair treatment in the workplace. If you believe you have been unfairly dismissed, seeking legal advice and bringing a claim before an employment tribunal could help you to secure the compensation you deserve.