When an employee is unfairly dismissed from their job, they have the right to seek justice through an employment tribunal. These tribunals are designed to provide a fair and impartial hearing for both the employer and the employee, with the aim of reaching a resolution that compensates the employee for their wrongful dismissal. The awards given by these tribunals can vary greatly depending on the circumstances of the case, but there are a number of factors that can help to maximize the amount of compensation received.
One of the key factors that can influence the size of an employment tribunal award for unfair dismissal is the length of the employee’s service with the company. In general, employees who have been with a company for a longer period of time are more likely to receive a higher award, as they have likely invested more in their role and have a longer history of service to be compensated for. Additionally, employees with longer service may have built up greater entitlements under their contract of employment, such as enhanced redundancy payments or longer notice periods, which can also contribute to a higher tribunal award.
The reason for the dismissal can also have a significant impact on the size of the award. If the employee can demonstrate that they were dismissed for an unfair reason, such as discrimination or whistleblowing, they are likely to receive a higher award than if the dismissal was simply due to poor performance or misconduct. In cases where the employee can prove that they were dismissed for a discriminatory reason, such as their race, gender, or age, the tribunal may award additional compensation for injury to feelings, in addition to the basic award for unfair dismissal.
Another factor that can affect the size of an employment tribunal award is the financial impact of the dismissal on the employee. This can include any loss of earnings, benefits, or pension contributions that the employee has suffered as a result of their dismissal. Employees who have struggled to find new employment after being unfairly dismissed may also be entitled to compensation for their loss of earnings during the period of unemployment.
In addition to financial losses, the tribunal may also take into account the emotional impact of the dismissal on the employee. Unfair dismissal can take a significant toll on a person’s mental health and well-being, leading to stress, anxiety, and depression. Employees who can demonstrate that they have suffered from mental health issues as a result of their dismissal may be entitled to additional compensation for the psychological harm they have experienced.
It is also important to note that there are limits on the amount of compensation that can be awarded in cases of unfair dismissal. The basic award for unfair dismissal is capped at £88,519 (as of July 2021), but this amount can be increased if the tribunal finds that the dismissal was due to the employee’s union membership, health and safety activities, or other prescribed reasons. Additionally, there is a limit on the amount of compensation that can be awarded for injury to feelings in discrimination cases, with the maximum amount currently set at £44,000 (as of July 2021).
In order to maximize the amount of compensation received in an employment tribunal award for unfair dismissal, it is important for employees to gather evidence to support their case. This can include witness statements, emails, performance reviews, and any other documentation that can help to demonstrate the unfairness of the dismissal. It is also important to seek legal advice from a qualified employment solicitor, who can provide guidance on the strength of the case and help to negotiate a fair settlement with the employer.
In conclusion, employment tribunal awards for unfair dismissal can vary greatly depending on a number of factors, including the length of the employee’s service, the reason for the dismissal, the financial and emotional impact of the dismissal, and the strength of the evidence provided. By taking the necessary steps to build a strong case and seek legal advice, employees can maximize their chances of receiving a fair and just award that compensates them for their wrongful dismissal.