Unfair dismissal is a serious issue that can have lasting consequences for employees who are wrongfully terminated from their jobs. To protect workers from unjust treatment by their employers, many countries have employment tribunals that are tasked with hearing cases of unfair dismissal and awarding compensation to those who have been wronged. In this article, we will discuss the process of making a claim for unfair dismissal and the types of awards that can be granted by employment tribunals.
When an employee believes they have been unfairly dismissed, they have the right to file a claim with an employment tribunal. In the UK, for example, the claim must be brought within three months of the date of dismissal. The tribunal will then hear the case and make a decision on whether the dismissal was unfair or not.
If the tribunal finds that the dismissal was unfair, they have the power to award compensation to the employee. The amount of compensation awarded will vary depending on a number of factors, including the length of the employee’s service, their age, their salary, and the circumstances of the dismissal.
One of the most common types of compensation awarded in unfair dismissal cases is a basic award. This is calculated based on the employee’s age, length of service, and weekly pay, up to a maximum of £16,320. For each full year of service under the age of 22, the employee is entitled to half a week’s pay. For each full year of service above the age of 22, the employee is entitled to one week’s pay. The maximum amount of the basic award is currently £16,320.
In addition to the basic award, the tribunal may also award a compensatory award, which is intended to compensate the employee for the financial losses they have suffered as a result of the unfair dismissal. The compensatory award is calculated based on the employee’s actual financial losses, including lost wages, benefits, and pension contributions, as well as any future losses that they are expected to incur as a result of the dismissal.
There are also a number of other types of awards that can be granted by employment tribunals in unfair dismissal cases. These include a witness order, which requires a witness to attend the tribunal to give evidence, and a reinstatement order, which requires the employer to reinstate the employee in their former position. In some cases, the tribunal may also award interest on the compensation that is awarded to the employee.
It is important to note that there are limits on the amount of compensation that can be awarded in unfair dismissal cases. The maximum compensatory award that can be granted by an employment tribunal is currently £88,519, although this figure is subject to change. If the employee is successful in their claim for unfair dismissal, the tribunal will also order the employer to pay the employee’s legal fees.
In conclusion, employment tribunal awards for unfair dismissal are an important tool for protecting the rights of employees who have been wrongfully terminated from their jobs. By filing a claim with an employment tribunal, employees can seek compensation for the financial losses they have suffered as a result of the unfair dismissal. While the process can be complex and time-consuming, the awards that can be granted by employment tribunals can provide much-needed financial relief to employees who have been wronged by their employers.