Costs - Each partly is responsible for its own costs unless a case is brought without real grounds or pursued without due diligence and in an inappropriate manner.
The types of claim you may make are summarised below together with an indication of likely bands of compensation if you are successful. Please contact us if you require more information.
Basic Award -
If you are successful at Tribunal you will receive a basic award calculated on your length of service age and rate of pay. This will be cancelled out if you have already received a redundancy payment. The basic award is a statutory award calculated in accordance with the provisions of section 119 of the ERA 1996 and in a similar way to a redundancy payment. The calculation involves multiplying the relevant factors of length of continuous service, age and a week's pay (as at the effective date of termination (EDT)) as follows:
One and a half weeks' pay for each year of employment after age 41.
One week's pay for each year of employment between ages 22 and 40.
Half a week's pay for each year of employment under the age of 22.
The amount of a week's pay is capped by a statutory maximum in the same way as applies to the additional award, currently £489. The maximum possible award is available only to individuals who accrue 20 years' service with an employer from age 41 or older. Each of the four factors (date of termination, age, length of service and pay) will need to be known in order to calculate the appropriate basic award.
Compensatory Award -
An employment tribunal can make a compensatory award in unfair dismissal cases of such amount as the tribunal considers just and equitable in all the circumstances. However, the award is subject to a statutory limit, which is prescribed annually. There is no minimum award.
The statutory limit does not apply where the reason for the dismissal was that the employee:
Was carrying out health and safety activities
Had made a protected disclosure
Was selected for redundancy for one of the above reasons
It is the effective date of termination (EDT) of employment which determines the applicable limit: for example, the limit on the compensatory award for an unfair dismissal where the EDT falls after 6/4/2017 is £80541. Please note that since July 2013 the maximum compensatory award for unfair dismissal is the lower of the statutory cap or 52 weeks gross pay.
* Compensation for Discrimination is without cap.