When an employee is unfairly dismissed from their job, they have the right to seek justice through an employment tribunal. These tribunals exist to ensure that employees are treated fairly by their employers and to provide compensation in cases where unfair dismissal has occurred. In this article, we will explore the process of employment tribunal awards for unfair dismissal and how they are determined.
Unfair dismissal occurs when an employee is dismissed from their job in a way that is considered to be harsh, unreasonable, or without proper cause. This can happen for a variety of reasons, such as discrimination, whistleblowing, or other forms of retaliation. When an employee believes they have been unfairly dismissed, they have the right to submit a claim to an employment tribunal to seek redress.
In cases of unfair dismissal, the employment tribunal has the power to award compensation to the unfairly dismissed employee. The amount of compensation awarded will vary from case to case, depending on the circumstances of the dismissal and the impact it has had on the employee. There are two types of compensation that can be awarded in cases of unfair dismissal: basic and compensatory.
Basic compensation is a set amount that is awarded based on the length of service of the unfairly dismissed employee. This amount is capped at a maximum of £16,320 as of April 2021, but can be adjusted annually. Basic compensation is intended to provide a fair and reasonable amount of compensation to the employee for the loss of their job.
Compensatory compensation, on the other hand, is intended to compensate the unfairly dismissed employee for the financial losses they have suffered as a result of their dismissal. This can include lost wages, benefits, and any other financial losses directly related to the dismissal. The amount of compensatory compensation awarded will depend on the individual circumstances of the case, and there is no cap on the amount that can be awarded.
In addition to compensation for financial losses, the employment tribunal may also award damages for injury to feelings in cases of unfair dismissal. This is intended to compensate the employee for the emotional distress and suffering they have experienced as a result of their dismissal. Damages for injury to feelings can range from a few hundred pounds to tens of thousands of pounds, depending on the severity of the emotional harm suffered by the employee.
In order to determine the amount of compensation to be awarded in cases of unfair dismissal, the employment tribunal will consider a variety of factors. These can include the length of service of the unfairly dismissed employee, the circumstances of the dismissal, the financial losses suffered by the employee, and any mitigating factors that may impact the amount of compensation awarded.
It is important to note that there are limits on the amount of compensation that can be awarded in cases of unfair dismissal. For example, the maximum amount of compensatory compensation that can be awarded is currently capped at £89,493 as of April 2021. Additionally, the employment tribunal may reduce the amount of compensation awarded if it determines that the employee has contributed to their dismissal in some way.
In conclusion, employment tribunal awards for unfair dismissal are intended to provide compensation to employees who have been unfairly dismissed from their jobs. These awards can include basic compensation, compensatory compensation, and damages for injury to feelings. The amount of compensation awarded will vary depending on the circumstances of the case, but the employment tribunal has the power to award fair and reasonable compensation to employees who have been unfairly dismissed. If you believe you have been unfairly dismissed, it is important to seek legal advice and consider submitting a claim to an employment tribunal to seek redress.