As an employee, one of the most daunting experiences you may face is being unfairly dismissed from your job. Not only does it affect your livelihood and financial stability, but it can also have a significant impact on your mental and emotional well-being. In such cases, you may choose to take legal action against your employer by filing a claim with the Employment Tribunal.
The Employment Tribunal is a judicial body in the United Kingdom that hears disputes between employers and employees. If you believe you have been unfairly dismissed, you can make a claim to the Employment Tribunal within three months of your dismissal date. The tribunal will then assess the circumstances of your case and determine whether your dismissal was fair or unfair.
If the tribunal finds that you have been unfairly dismissed, you may be entitled to receive compensation in the form of an award. The amount of the award will vary depending on a number of factors, including the length of your employment, the reason for your dismissal, and the manner in which your employer handled the dismissal process.
In cases of unfair dismissal, the tribunal has the power to make two types of awards: a basic award and a compensatory award. The basic award is calculated based on your age, length of service, and weekly pay, up to a maximum cap. As of April 2021, the maximum amount for the basic award is £16,320. The compensatory award, on the other hand, is intended to compensate you for the financial losses you have suffered as a result of your unfair dismissal, such as loss of earnings and benefits. There is no statutory cap on the compensatory award, but it is subject to a cap of one year’s salary or £89,493, whichever is lower.
In addition to the basic and compensatory awards, the tribunal may also consider making an additional award known as a reinstatement order or a re-engagement order. A reinstatement order requires your employer to reinstate you to your former position, while a re-engagement order requires your employer to offer you a different, but comparable, position within the organization. However, these orders are rare and are typically only made in exceptional circumstances where it is deemed appropriate to do so.
It is important to note that not all claims of unfair dismissal will result in a financial award from the Employment Tribunal. The tribunal will carefully review the evidence presented by both parties and will consider all relevant factors before making a decision. If the tribunal determines that your dismissal was fair, you will not be entitled to any compensation, regardless of the circumstances.
In some cases, the tribunal may also reduce the amount of the award if it believes that you contributed to your dismissal in some way. This is known as a contributory fault deduction and may be applied if, for example, you were guilty of misconduct that led to your dismissal. The amount of the deduction will depend on the tribunal’s assessment of the level of your contributory fault.
Overall, the purpose of employment tribunal awards for unfair dismissal is to provide employees with a remedy for being unfairly treated by their employers. While the process can be complex and stressful, it is important to seek legal advice if you believe you have been unfairly dismissed. An experienced employment law solicitor can help you navigate the tribunal process, gather evidence to support your claim, and advocate on your behalf to secure the best possible outcome.
In conclusion, if you have been unfairly dismissed from your job, you may be entitled to receive compensation in the form of an employment tribunal award. The amount of the award will depend on various factors, including the length of your employment and the financial losses you have suffered. By seeking legal advice and presenting a strong case to the tribunal, you can increase your chances of receiving a fair outcome and holding your employer accountable for their actions.