When an employee is unfairly dismissed from their job, they may choose to pursue a claim through an employment tribunal. An employment tribunal is an independent judicial body that hears cases related to employment disputes, including claims of unfair dismissal. If the tribunal determines that the dismissal was unfair, they may award compensation to the employee. In this article, we will discuss the process of making a claim for unfair dismissal and the factors that may influence the amount of compensation awarded.
To qualify for making a claim of unfair dismissal, an employee must have worked for their employer for a minimum period of time, typically two years. There are certain situations where the requirement for a qualifying period may not apply, such as when the dismissal is related to discrimination or whistleblowing. If an employee believes they have been unfairly dismissed, they must notify their employer and can then proceed to file a claim with the employment tribunal.
Once a claim has been filed, the tribunal will consider the circumstances leading to the dismissal and determine whether it was fair or unfair. Unfair dismissal can occur when an employer fails to follow the correct procedures, such as providing written reasons for dismissal, not giving the employee an opportunity to appeal, or dismissing the employee for an unfair reason. If the tribunal determines that the dismissal was unfair, they may award compensation to the employee.
The amount of compensation awarded in cases of unfair dismissal can vary depending on several factors. One of the primary factors that may influence the amount of compensation is the employee’s length of service with the employer. Generally, the longer an employee has worked for their employer, the higher the compensation may be. This is because employees with longer service may have stronger ties to the company and may find it more difficult to secure new employment.
Another factor that may influence the amount of compensation awarded is the financial loss suffered by the employee as a result of the dismissal. This could include loss of earnings, benefits, bonuses, or pension contributions. The tribunal may also consider the employee’s future loss of earnings if they are unable to find new employment quickly. In cases where the employee has experienced mental or emotional distress as a result of the dismissal, the tribunal may also award compensation for injury to feelings.
In addition to financial compensation, the tribunal may also order the employer to reinstate the employee to their former position or offer them a different job within the company. However, in some cases where the relationship between the employer and employee has broken down irreparably, the tribunal may award compensation instead of reinstatement.
It is important to note that there are limits to the amount of compensation that can be awarded in cases of unfair dismissal. There is a statutory cap on the amount of compensation that can be awarded, which is currently set at £88,519 or 52 weeks of the employee’s gross salary, whichever is lower. This limit may be adjusted periodically, so it is important to check the current limit before pursuing a claim.
In conclusion, employment tribunal awards for unfair dismissal can provide financial compensation to employees who have been unfairly dismissed from their jobs. The amount of compensation awarded can vary depending on factors such as the employee’s length of service, financial loss suffered, and impact on their emotional well-being. It is important for employees who believe they have been unfairly dismissed to seek legal advice and consider pursuing a claim through the employment tribunal to seek redress for their unjust treatment.