Understanding Employment Tribunal Awards For Unfair Dismissal
In the UK, the employment tribunal is responsible for handling disputes between employers and employees. One of the most common types of cases brought before the employment tribunal is unfair dismissal. Unfair dismissal occurs when an employee is dismissed from their job in a way that is considered to be unjust or unreasonable. If an employee believes they have been unfairly dismissed, they can take their case to the employment tribunal to seek redress.
When an employment tribunal finds in favor of an employee in an unfair dismissal case, they may award compensation to the employee. These awards are intended to compensate the employee for the financial losses they have suffered as a result of their dismissal, as well as to provide some form of justice for the unfair treatment they have endured.
There are two main types of compensation that can be awarded in unfair dismissal cases: compensatory awards and basic awards. Compensatory awards are intended to compensate the employee for the financial losses they have suffered, such as loss of earnings and benefits, as well as any other financial detriment they have experienced as a result of their dismissal. The amount of compensatory award can vary depending on the circumstances of the case, but there is a cap on the amount that can be awarded, which is currently set at £89,493.
Basic awards, on the other hand, are intended to compensate the employee for the unfair treatment they have endured. The amount of the basic award is calculated based on the employee’s age, length of service, and weekly pay, with a maximum cap of £16,320. The basic award is intended to provide a form of justice for the employee, rather than to make up for any financial losses they may have suffered.
In addition to compensatory and basic awards, the employment tribunal may also make additional awards in some cases. For example, they may award a sum for injury to feelings if the employee has suffered emotional distress as a result of their dismissal. Injury to feelings awards are intended to compensate the employee for the emotional harm they have endured.
There are also other types of additional awards that may be made by the employment tribunal, such as awards for loss of statutory rights or awards for failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. These additional awards are intended to provide further redress for the unfair treatment the employee has experienced.
It is important to note that not all unfair dismissal cases will result in a financial award. In some cases, the employment tribunal may instead order the employer to reinstate or re-engage the employee, or to pay them a sum of compensation known as a protective award. Protective awards are intended to compensate the employee for the failure of the employer to comply with certain legal requirements, such as failing to consult with them about their dismissal.
In conclusion, employment tribunal awards for unfair dismissal are an important form of redress for employees who have been unfairly treated by their employers. These awards are intended to compensate the employee for the financial losses they have suffered, as well as to provide some form of justice for the unfair treatment they have endured. If you believe you have been unfairly dismissed, it is important to seek legal advice and consider taking your case to the employment tribunal to seek the compensation you may be entitled to.