Term
| What are the remedies for unfair dismissal |
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Definition
1) Reinstatement
2) Re-engagement
3) Compensation |
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Term
| What are the types of compensation available? |
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Definition
| Basic award and Compensatory award |
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Term
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Definition
age factor x service x weeks pay
service is capped at 20 years of full service
weeks pay is capped at £498 |
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Term
| What are some of the reductions made to a basic award? |
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Definition
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Term
| What is a compensatory award? |
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Definition
additional award on top of basic award which can be made if its just and equitable to do so under s 123 ERA
maximum awarded is £80541, but compensatory award is unlimited in cases involving automatic dismissal, health and safety related activities or whistleblowing cases |
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Term
| What are the available heads of claim under the compensatory award? |
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Definition
Also known as the Norton Tool principle, the heads of claim available are:
1) Immediate loss of wages – this covers the loss of EDT to date of Tribunal hearing
2) Future loss of wages
3) Loss of fringe benefits – benefits could include loss of private health insurance, bonuses and commission
4) Loss of pension rights
5) Loss of statutory protection – as a result of unfair dismissal, the employee will have to work for two years to be afforded protection. Compensation of £350 or more
6) Expenses for looking for new work |
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Term
| What are some of the adjustments made to the compensatory award? |
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Definition
1) Payments already received – tribunal may deduct an amount equal to non-contractual payments made to the employee by the employer (i.e. ex-gratia)
2) Sums earned since dismissal – if employee has mitigated their loss this will be deducted
3) Polkey reduction (Percentage representing the chance that dismissal would have occurred anyway) – it is possible that even if the employer followed the right procedure dismissal may have still occurred
4) Adjustment required by ACAS – ACAS code allows tribunal to increase award by 25% where there is an unreasonable failure by the employer to comply with the provisions
5) Increase due to failure to provide written particulars – award between 2-4 weeks pay
6) Deduction for contributory fault |
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Term
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Definition
Its an order for an employee to return to their old job. This must be considered as a first option as a remedy. The tribunal should ask:
1) Whether it is practicable for the employee to comply
2) Whether it would be just to order reinstatement and
3) The effect on the employer’s business |
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Term
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Definition
| Its an order that the employer gives a different job to the employee. The criteria is the same as reinstatement |
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Term
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Definition
| If employer unreasonably refuses to reinstate or re-engage employee, the tribunal can award an additional compensation of up to 26-52 weeks gross pay to the employee |
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