Employers need to be clear about their obligations, as the consequences of acting unlawfully can be grievances from employees, or significant
compensation claims for unfair dismissal and discrimination.
Not exact matches
For instance, the UK may look to apply a cap on the
compensation that can be
claimed in discrimination
claims (currently unlimited), in the same way that a cap applies in
unfair dismissal claims.
Assuming the
unfair dismissal claim is successful, the employment tribunal will assess your total loss, and therefore, he or she will have to give credit
for any amount already received from their employer as
compensation (these may include enhanced redundancy payments or pay in lieu of notice.)
However, if you are only able to bring a
claim for unfair dismissal, the amount of
compensation that you are entitled to can't be more than one year's salary or # 83,682.
It's that time of year where
compensation limits
for claims such as
unfair dismissal and
for statutory redundancy payments are reviewed.
The
compensation calculator provides an estimate of the likely award at tribunal
for an
unfair dismissal claim.
Many also feel that removing the cap on
compensation for unfair dismissal would result in a reduction of more complex discrimination and whistleblowing
claims.
I have heard talk of a proposal to reintroduce the rather historic cap on the
compensation that can be awarded by Employment Tribunals
for discrimination
claims, in the same way that there is a limit on the
compensation for standard
unfair dismissal claims.
Having said that, the EDT also impacts the total amount of
compensation for redundancy pay, after the
unfair dismissal claim is successful, and the calculation of a week's pay.
Thus, if the employee brings a
claim for unfair dismissal, he will automatically succeed and will be entitled to financial
compensation.
If it looks like you can make a
claim for unfair dismissal we'll discuss the outcome you'd like to achieve with you, whether its getting your job back or
compensation.