What can the tribunal award if the employee’s claim is successful?
If the tribunal finds the employee was unfairly dismissed, it may award: • Compensation; and/or • Reinstatement (in the same role); or • Reengagement (in a different role). In most cases the tribunal will award compensation. This usually consists of: • A basic award calculated by reference to the employee’s age, salary and length of service – similar to the calculation of a statutory redundancy payment. This is currently capped at £12,000. • A compensatory award calculated by reference to the tribunal’s assessment of the loss suffered by the employee as a result of the dismissal. This is capped at £68,400 for unfair dismissal claims. Compensatory awards may be increased or reduced in certain circumstances but remain subject to this cap.
- What are the likely ramifications for the employer if an employee succeeds in a claim of unfair dismissal? What is the unfair dismissal basic award?
- What are the time limits for an employee to make an Employment Tribunal claim?
- How can we ensure that an employee does not make an Employment Tribunal claim?