Unfair dismissal is something that can occur across a wide range of businesses. Terminating an employee without a valid reason or proper procedure violates one’s legal rights. It is a serious matter that leaves individuals feeling wrong and uncertain about their future and has a serious impact on the lives of those involved.
Fortunately, there are legal remedies available that can ensure both justice and compensation are granted to those affected. In this article, we explore specifically what unfair dismissal is as well as the various factors that influence the amount awarded.
What Is Unfair Dismissal?
Unfair dismissal refers to the action of a company terminating an employee without a fair reason. UK law has a clear and specific requirement for fair dismissal which should be abided by. Employers must provide a valid reason that is related to conduct, redundancy, capability, or another legitimate, substantial factor.
A proper disciplinary procedure should also be adhered to. Failure to meet standards like these can make a dismissal unfair to any employee. Employees may be dismissed unfairly due to discrimination or retaliation.
Types Of Unfair Dismissal
There are several forms in which unfair dismissal can come in. One example is constructive dismissal, whereby an employee chooses to resign due to intolerable working conditions. Automatic unfair dismissal occurs when the termination is based on unlawful reasons. Pregnancy and age discrimination come under this particular category.
How Compensation for Unfair Dismissal is Provided
People are compensated for unfair dismissal by having their financial and emotional problems resolved. Lost wages and benefits are covered, and the stress caused by the dismissal is acknowledged.
The financial penalty employers receive serves as a deterrent. They will be encouraged to adhere to fair practices and comprehensive employment policies in the future. As an employee, you can secure financial stability and send your employer an important message.
The Types of Compensation for Unfair Dismissal
Typically, there are two types of compensation awarded.The basic award is calculated based on the employee’s weekly gross pay, length of service, and age.
The compensatory award covers actual financial losses suffered in terms of lost wages and benefits. In some cases, additional damages are awarded for distress or injury.
Factors That Affect Compensation
Every claim is different because every individual has a different story. An employee’s length of service will be taken into account as well as the reason for dismissal.
Compensation may be reduced if the employee directly impacted the dismissal through their own misconduct. Failure to actively seek new employment could also result in a reduced award.
Each case is entirely unique, and seeking legal advice would favour anyone looking to acquire the right outcome. All factors will be appropriately considered by an individual or group that knows what to look for.
The Role & Impact of Employment Tribunals
Employment tribunals are pivotal in determining compensation for unfair dismissal. The full facts of the case are assessed and the manner in which procedures were followed will come into question significantly. Tribunals will take a look at whether an employee made efforts to report unfair treatment before termination.
A fair and thorough process ensures that the compensation accurately reflects the circumstances. Without something official and mediated, a significant level of dishonesty can impact the outcome.
Steps To Take If You Feel You’ve Been Dismissed Unfairly
If you feel you have been unfairly dismissed, you must document everything as any relevant evidence would be extremely helpful. You must also review employment policies and ensure certain regulations were not adhered to. It is vital to contact employment law specialists who can guide you through the entire process.
Compensation for unfair dismissal provides justice for individuals who have been treated wrongfully. Financial and emotional support can arrive in multiple ways given the favourable outcome. Beyond monetary solutions, a sense of closure and validation can be provided for the treatment endured.
When we know that the law supports fair employment practices, we immediately restore our trust in the system we live in. Each individual is given the confidence to move forward.
The slightest error in the procedure can affect the fairness of a dismissal, so please do not hesitate to contact us if you believe that you are being or have been unfairly dismissed.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.