Before getting geared up to claim Unfair Dismissal, you should have a basic understanding of the realistic value of your claim. This post explores the compensation the Employment Tribunal may order, and highlights why expert advice, from our specialist solicitors could see you reach a far more positive outcome than you ever imagined!
If you are considering a claim for Unfair Dismissal, you should have a general idea of what your claim might be worth. There are many factors that can increase or decrease the compensation an Employment Tribunal may ultimately award you. However, as a general rule, your main compensation is broken into two categories known as the basic and the compensatory award.
Basic & Compensatory Award
The basic award is calculated by reference to your age, your full years of service and your gross weekly wage. By way of illustration, an employee aged 30, with 5 years of service, earning £400 gross per week would have a basic award of 1 (age multiplier) x 5 (full years service) x £400 (gross weekly) wage = £2,000. The maximum basic award for a claim of ordinary Unfair Dismissal is presently £15,240 and there are minimum basic awards for unfair dismissals in particular circumstances.
The compensatory award is calculated by reference to your net loss of earnings and loss of benefits like car allowance, pension etc.. should also be factored in here. You must have suffered a genuine loss and are required to show that you have done all you can to keep your losses to a minimum. By way of example, if an employee earned £520 net per week and could show genuine losses over 23 weeks, their compensatory award would be £11,960. The maximum compensatory award for an ordinary Unfair Dismissal claim is presently £83,682 or 1 year salary, whichever is lowest.
The Employment also award some nominal figures for loss of statutory employment protection and expenses.
Increases & Decreases?
As I have said above there are a wide range of factors that can increase and decrease awards. These include the Employment Tribunal finding that you contributed to your own dismissal (contributory fault), either party failing to follow the ACAS Code on Discipline and Grievance, a failure to keep losses to a minimum (mitigation of losses), offsets for monies already received such as redundancy payments or ex-gratia payments, a reduction to compensation on the ground that a dismissal was only procedurally unfair and that a fair process would have had no impact, amongst others.
The above information is provided as a general guide and if you are pursuing a claim you should always take detailed legal advice before seeking a specific sum of compensation. I have advised hundreds of clients over the last 12 years and very frequently they have undervalued their claim.
Real Life Example….
For example, I once met a lovely lady who was pursuing a claim for unfair dismissal and was seeking a basic award based on her 3 years service. The basic award figure was in the region of £1050.00. However, when I discovered the circumstances surrounding her dismissal, I felt that she had a legitimate argument to seek a “minimum basic award” which is sometimes in applicable in special cases (such as health and safety dismissals). My advice saw my client’s settlement package increase significantly because of the recalculation of the basic award which rose from £1050.00 to at that time £5970.00.
Need Help?
If you or anyone you know needs help with an Employment Tribunal Claim, ACAS Early Conciliation or are having problems at work I can help. Call LincsLaw Solicitors on 01522 440512. Email ContactUs@Lincslaw.com Visit www.lincslaw.co.uk
Sophie Goodwill
Director & Specialist Employment Law Solicitor
LincsLaw Employment Solicitors, Lincoln
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