Understanding Employment Tribunal Awards For Unfair Dismissal

Facing unfair dismissal from a job can be a distressing experience for any employee. However, the legal system provides a recourse for individuals who believe they have been wrongfully terminated through an Employment Tribunal. These tribunals are quasi-judicial bodies that hear and resolve disputes between employers and employees relating to employment rights. When an employee wins their case for unfair dismissal, they may be awarded compensation by the tribunal. In this article, we will explore the process of obtaining employment tribunal awards for unfair dismissal and what factors are considered in determining the amount of compensation.

In the UK, unfair dismissal is a legal term that refers to terminating an employee’s contract of employment for reasons that are considered to be unfair. This can include being fired without a valid reason, being dismissed for discriminatory reasons, or being dismissed without following proper procedures. If an employee feels they have been unfairly dismissed, they have the right to bring a claim before an Employment Tribunal.

To bring a claim for unfair dismissal, an employee must first satisfy the eligibility criteria. This includes having worked for the employer for a minimum period of time, currently set at two years. There are also certain grounds under which a dismissal is automatically unfair, such as being dismissed for trade union membership, pregnancy, maternity leave, or asserting a statutory right.

Once a claim is accepted by the Employment Tribunal, the case will proceed to a hearing where both parties will have the opportunity to present their evidence and arguments. If the tribunal finds in favor of the employee and rules that the dismissal was unfair, they may award compensation to the employee. This compensation is intended to restore the employee to the position they would have been in had they not been unfairly dismissed.

employment tribunal awards for unfair dismissal can vary based on a number of factors. The amount of compensation awarded will depend on the employee’s age, length of service, loss of earnings, and the circumstances surrounding the dismissal. The tribunal will also take into account whether the employee contributed to their dismissal in any way and whether the employer followed proper procedures in dismissing the employee.

When determining the amount of compensation to be awarded, the tribunal will consider both pecuniary and non-pecuniary losses suffered by the employee. Pecuniary losses include things like loss of earnings, bonuses, and benefits that the employee would have received if they were still employed. Non-pecuniary losses refer to the emotional distress, humiliation, and inconvenience caused by the unfair dismissal.

In addition to compensating the employee for their losses, the tribunal may also award compensation for injury to feelings. This is intended to acknowledge the emotional impact of being unfairly dismissed and can range from a few hundred pounds to several thousand pounds depending on the severity of the emotional distress caused.

It is important to note that there are limits on the amount of compensation that can be awarded in unfair dismissal cases. The current cap on unfair dismissal awards is £89,493 or 52 weeks’ gross salary, whichever is lower. This means that even if the tribunal believes the employee is entitled to a higher amount of compensation, they cannot exceed this cap.

In some cases, the tribunal may also order the employer to reinstate or re-engage the employee. Reinstatement involves putting the employee back into their previous position with the same terms and conditions as before the dismissal. Re-engagement involves re-employing the employee in a different role or department within the same organization.

Overall, employment tribunal awards for unfair dismissal are intended to provide justice for employees who have been wrongfully terminated. By understanding the process for obtaining these awards and what factors are considered in determining the amount of compensation, employees can seek redress for 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 to protect your rights as an employee.