Employment Tribunals

Employment tribunals hear cases and make decisions on employment issues such as unfair dismissal, redundancy payments, discrimination and a range of claims relating to wages and other payments.

Normally an employee requires one year's continuous employment to bring a claim. Where an employee is dismissed on any of the following grounds the qualifying service period does not apply:

• Sex, race, sexual orientation, religion or belief, age and disability
• Pregnancy or maternity
• Trade union membership
• Asserting any statutory right (i.e. a right given by legislation), such as a request for a written statement of particulars of your employment, or complaining about health and safety
• Whistle blowing

Compensation

Losing tribunal cases can be an expensive business. Compensation is awarded as follows for unfair dismissal claims:

• Basic Award – This is paid for loss of your job and the security that goes with it. It will vary according to age and length of service. The maximum award is 30 weeks pay (limited at £400 pw) to a maximum value of £12,000.
• Compensatory Award – This is paid for loss of earnings between your dismissal and the tribunal hearing, difficulty in finding work and loss of accrued benefits e.g. pension. The maximum award is currently £68,000.
• Reinstatement Orders – If your employer refuses to reinstate you the tribunal may make an additional award of between 26 and 52 weeks pay (limited to £400 pw) to a maximum of £20,800.

In cases where an employer fails to consult their employees during a redundancy process the tribunal may issue a Protective Award which may be up to 90 days pay. A days pay in these circumstances is not subject to any cap. If collective consultation was required and this was not carried out in accordance with the legal requirements then any award given to a single individual affected will be granted to all those involved. These awards have exceeded £1m.

Where a successful breach of contract claims is brought the maximum award is £25,000. If the tribunal has found that an employee has been unlawfully discriminated against then the award is not limited and may run into £100,000's.