Unfair dismissal is when an employee is terminated from their job in a manner that is considered to be harsh, unjust or unreasonable. In such cases, employees have the right to take their employer to an employment tribunal to seek compensation for their unfair dismissal. employment tribunal awards for unfair dismissal can vary depending on the circumstances of the case and the losses suffered by the employee.
Employment tribunals are independent bodies that have the authority to hear and make decisions on cases related to employment disputes, including claims of unfair dismissal. When an employee brings a claim of unfair dismissal to a tribunal, they must prove that their dismissal was unjustified and that the employer did not follow the correct procedures when terminating their employment.
If an employment tribunal finds in favor of the employee and determines that their dismissal was unfair, they may award compensation to the employee. This compensation can include a basic award, a compensatory award, and in some cases, a financial penalty.
The basic award is calculated based on the employee’s age, length of service, and weekly pay. The maximum amount for a basic award is currently £16,140. However, this amount may be adjusted annually by the government. The compensatory award, on the other hand, is designed to compensate the employee for any financial losses they have suffered as a result of their unfair dismissal. This can include loss of earnings, benefits, and future income. The maximum amount of a compensatory award is currently £88,519, but this can also be adjusted annually.
In addition to the basic and compensatory awards, employment tribunals also have the power to impose a financial penalty on employers who are found to have unfairly dismissed an employee. This penalty is known as a “section 12 award” and can be up to £5,000. The purpose of this penalty is to deter employers from engaging in unfair dismissal practices and to hold them accountable for their actions.
It is important to note that employment tribunal awards for unfair dismissal are intended to compensate employees for their losses and to provide them with some form of justice. However, the amount of compensation awarded can vary depending on the circumstances of the case and the extent of the losses suffered by the employee. It is also worth noting that the process of bringing a claim to an employment tribunal can be complex and time-consuming, so it is important for employees to seek legal advice and representation to ensure that their rights are protected.
In cases where an employee believes they have been unfairly dismissed, they should first try to resolve the issue with their employer through internal grievance procedures. If this does not lead to a satisfactory outcome, the employee can then bring a claim to an employment tribunal within three months of their dismissal.
Employment tribunals have the power to make a range of orders following a successful unfair dismissal claim, including reinstatement, re-engagement, and compensation. Reinstatement involves the employee being put back in their former position as if they had never been dismissed, while re-engagement involves the employee being offered a new position within the company. If reinstatement or re-engagement is not practical or desirable, the tribunal may order compensation instead.
In conclusion, employment tribunal awards for unfair dismissal are an important tool for employees who have been unfairly treated by their employers. These awards are designed to compensate employees for their losses and to hold employers accountable for their actions. If you believe you have been unfairly dismissed, it is important to seek legal advice and representation to understand your rights and options for seeking compensation through an employment tribunal.