employment tribunal awards for unfair dismissal are payments made to employees who have been wrongfully terminated from their jobs. These awards are intended to compensate employees for the financial losses they have suffered as a result of their unfair dismissal, as well as to punish employers for their wrongdoing. In this article, we will explore the process of making a claim for unfair dismissal, how employment tribunal awards are calculated, and what factors are taken into account when determining the final award.
Making a Claim for Unfair Dismissal
In order to make a claim for unfair dismissal, an employee must have been employed for a minimum period of time, which is currently set at two years. The claim must be brought to the employment tribunal within three months of the date of dismissal. There are several grounds on which an employee can claim unfair dismissal, including discrimination, whistleblowing, or asserting their statutory rights. If the tribunal finds in favor of the employee, they will be awarded compensation for their unfair dismissal.
Calculating Employment Tribunal Awards
employment tribunal awards for unfair dismissal are made up of two components: the basic award and the compensatory award. The basic award is calculated based on the employee’s age, length of service, and weekly pay, with a maximum limit set at £16,140. The compensatory award, on the other hand, is intended to compensate the employee for the financial losses they have suffered as a result of their unfair dismissal. This can include loss of earnings, future loss of earnings, and any expenses incurred as a result of the dismissal.
In some cases, the tribunal may also award additional compensation, known as a “Polkey award”, if it is found that the employer’s actions have aggravated the employee’s loss. This award is designed to punish the employer for their misconduct and deter them from engaging in similar behavior in the future.
Factors Considered in Determining the Award
When determining the final award for unfair dismissal, the tribunal will take several factors into account. These can include the employee’s age, length of service, and the nature of the dismissal. If the tribunal finds that the dismissal was unfair, they may also consider the employee’s efforts to find new employment and whether they mitigated their losses.
In cases of discrimination or whistleblowing, the tribunal may award additional compensation to reflect the harm caused to the employee by the employer’s actions. This can include damages for injury to feelings, as well as compensation for any personal injury suffered as a result of the dismissal.
In some cases, where the employee has contributed to their dismissal by their actions, the tribunal may reduce the compensatory award accordingly. This is known as a “reduction for contributory fault” and is designed to reflect the employee’s responsibility for their own dismissal.
Conclusion
employment tribunal awards for unfair dismissal are intended to compensate employees for the financial losses they have suffered as a result of their wrongful termination, as well as to punish employers for their wrongdoing. The process of making a claim for unfair dismissal can be complex, but with the right legal representation, employees can ensure that they receive the compensation they are entitled to. By understanding how employment tribunal awards are calculated and what factors are taken into account when determining the final award, employees can ensure that they receive fair treatment in the event of an unfair dismissal.