When an employee feels that they have been unfairly dismissed from their job, they may choose to take their case to an employment tribunal. An employment tribunal is an independent body that hears disputes between employers and employees regarding employment rights. If the tribunal determines that the dismissal was unfair, they may award compensation to the employee. In this article, we will explore the process of making a claim for unfair dismissal and the factors that influence the amount of compensation awarded in employment tribunal cases.
Making a Claim for Unfair Dismissal
To make a claim for unfair dismissal, an employee must meet certain eligibility criteria. In the UK, employees must have been employed for a minimum of two years before they can make a claim for unfair dismissal. There are some exceptions to this rule, such as cases involving discrimination or whistleblowing. Employees must also submit their claim to the employment tribunal within three months of their dismissal.
When making a claim for unfair dismissal, employees must be able to demonstrate that the dismissal was unfair. This could involve showing that the employer did not have a valid reason for dismissing them, or that the procedure followed by the employer was not fair or reasonable. Employees may also need to show that the decision to dismiss them was not within the range of reasonable responses that an employer could have taken in the circumstances.
Factors Influencing Compensation Awards
If the employment tribunal rules in favor of the employee and determines that the dismissal was unfair, they may award compensation. The amount of compensation awarded will depend on a number of factors, including the length of the employee’s service, the employee’s age, and the circumstances surrounding the dismissal.
One of the key factors that will influence the amount of compensation awarded is the employee’s length of service. In general, employees with longer service will be entitled to higher compensation awards. This is because employees with longer service are likely to have a greater attachment to their job and may find it more difficult to secure alternative employment.
The age of the employee will also be taken into account when determining compensation awards. Younger employees may be entitled to higher compensation awards, as they may find it more challenging to secure alternative employment. Older employees may also be entitled to higher compensation awards, as they may have fewer years left in the workforce to recover financially from the loss of their job.
In addition to length of service and age, the circumstances surrounding the dismissal will also influence the amount of compensation awarded. If the dismissal was particularly harsh or unfair, the employment tribunal may award higher compensation to reflect the impact on the employee. Conversely, if the dismissal was due to the employee’s misconduct or poor performance, the compensation award may be lower.
Types of Compensation Awards
Compensation awards in unfair dismissal cases can be divided into two main categories: financial loss and injury to feelings. Financial loss compensation is intended to compensate the employee for the financial impact of losing their job. This could include lost wages, bonuses, and benefits, as well as expenses incurred in searching for alternative employment.
Injury to feelings compensation is awarded to compensate employees for the emotional impact of being unfairly dismissed. This type of compensation is intended to reflect the distress, anxiety, and humiliation that employees may experience as a result of losing their job. The amount awarded for injury to feelings will vary depending on the circumstances of the case and the impact on the employee.
In some cases, the employment tribunal may also award reinstatement or re-engagement as remedies for unfair dismissal. Reinstatement involves the employee returning to their original job with all their rights and benefits restored. Re-engagement involves the employee returning to a similar job with the same employer. These remedies are considered to be exceptional and are only awarded in cases where the tribunal believes that it is appropriate and practical to do so.
Conclusion
employment tribunal awards for unfair dismissal play a crucial role in ensuring that employees are treated fairly in the workplace. By understanding the process of making a claim for unfair dismissal and the factors that influence compensation awards, employees can better navigate the tribunal process. If you believe that you have been unfairly dismissed from your job, it is important to seek legal advice and explore your options for making a claim to the employment tribunal.