Claiming Your Rightful Compensation for Unfair Dismissal

A dismissal by the employer can be deemed unfair by employees who have given at least one year of service to the company.

Grounds to claim unfair dismissal

• Employee being dismissed for bringing up a valid integrity issue or breach of contract or rights issue is unfair as this shows that the employer was just trying to save his/her skin.
• Being dismissed on maternity or pregnancy leave or sick leave issues.
• Dismissal under unlawful discrimination (race, gender, religion, belief, sexual orientation or age) and dismissing the employee on these grounds.
• Refusing the valid rights the worker was entitled for and hence dismissing him/her.
• For going on strike. The workers are protected by industrial actions law. They cannot be dismissed during lock out or strikes.

If proven, what compensation can be expected?

If an Employment tribunal finds the dismissal to be unfair, then the employee can expect the following compensations:

• The tribunal can place the employee back into the same job and ask the company to pay loss of wages compensation for the period of time he/she was dismissed and out of job.

• The employee maybe given a similar, if not the same job with the same employer. In this case and the above case, the employer is obligated to pay 6 months’ up to a year’s salary as additional compensation which will be added to the basic compensation award.

• If the employer refuses to hire the employee, the tribunal may ask the employer to award the dismissed employee additional compensations.

• If the employee will never find another job and has to go jobless for the rest of their lives, the tribunal will award compensatory benefits according to the period of joblessness.

• The tribunal has the power to reduce the compensation if:
• The employee was to be partly blamed for the dismissal.
• The employee refuses to take the job, but accepts to take the compensation money only.

Not all dismissals can be claimed for compensations! There are just employers who dismiss on pretty valid grounds. They are:

• Misconduct at work and high level disciplinary issue.
• Incompetency or unqualified for the job
• A dismissal required by law due to various reasons (Eg. Health issues)
• Age factor
• Other concrete and valid reasons.

The employer still has to prove this point of ‘fairness’ to the Employment tribunal. There has to be a fair procedure to carry out the dismissal and the act itself should be within the power of the employer. Bottom line is the employer cannot indiscriminately fire any employee.

UK’s laws and worker’s rights are designed to protect the interest of the employees. It makes sure that the worker’s are treated in a dignified manner and that they get compensation for any unfair incident on part of the employer.

Hiring an employment attorney in such cases will help a lot.