Compensation Calculator For Unfair Dismissal
Unfair Dismissal Compensation (UK)?
A colleague is going to pursue an Unfair Dismissal case to Tribunal (and rightly so!). He is receiving advice with varying award figures should he succeed. Is there an online guideline calculator site to check via, if so where can it be found ? If any solicitors out there he was on a salary of £27000 with 3 years service and has not been able to secure employment for 11 months. Please folks no sarcastic comments this is a serious question.
It depends on the circumstances. If your colleague was unfairly dismissed for reasons of racial or sexual discrimination then the compensation that could be awarded is open-ended and several high profile cases have resulted in six figures.
If the dismissal was unfair but not on either of those grounds then the award is unlikely to be more than statutory redundancy, possibly with the addition of three month’s salary, the same as he would get for redundancy without notice. If he was given any payment over and above wages outstanding then that amount would most likely be deducted from any award.
That your colleague has since been out of work will be of no relevance at all and will not figure in the award.
Tribunals are based not on law but on the balance of probabilities and in general the tribunal makes no judgements either way, simply seeking to provide, in their opinion, an equitable outcome which they usually interpret as the equivalent of being made redundant.
There are the exceptions above, of course, although even there, only female workers can realistically expect to benefit from the sexual discrimination element.
Unfair isn’t it? Personally I would make it that one year’s salary was the absolute minimum compensation, but I’m not in the government.
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