Compensation For Unfair Dismissal

By Wayne On November 9, 2011 Under Unfair Dismissal, Unfair Dismissal Compensation

Anybody who has been unfairly dismissed or discriminated against can make a claim for compensation for unfair dismissal. Those who decide to do this will need to make sure they fulfill some basic criteria.

In order to make a claim for compensation for unfair dismissal the employee must have been employed for at least a year. This figure will be worked out using the dates from the first day the employee was at work until the last day they worked. Those who were dismissed for a mechanically unjust reason may not have to meet this criteria. If the case is successful the employee will be entitled to compensation for unfair dismissal.

In the United Kingdom there is a basic award given to employees from the employment tribunal. This award takes the age of the employee into consideration. Those who are under the age of 22 will get half a week of their gross basic wage for every year of service. Employees aged between 22- 41 years will receive a whole week for every year of employment. Lastly those who are over 41 years old will get 1.5 weeks of their gross basic wage per year of service.

The maximum term for compensation is 20 years. The basic award also limits the amount of money an employee is paid out. In 2009 the maximum amount a weekly trainee was expected to get paid was 380 pounds. This figure was used to base calculations on. For example those who were dismissed on or after the 1st of October 2009 would have be paid 11,400 pounds. This figure is 380 pounds multiplied by 1.5 and then multiplied again by 20. The average estimated wage of a trainee will change every year due to inflation and economic conditions. This will generally result in a higher compensation payout.

Unfair dismissal compensation is designed to pay out earnings and benefits that employees may have lost out on. Issues covered in this law include fringe benefits, bonuses and overtime. In some circumstances employees may be awarded more than the basic award. Due to this it is essential to hire a good employment lawyer. When hiring a lawyer clients should look for someone who is highly experienced in employment lawsuits. It is also wise to check references from previous customers of the lawyer. This will give clients an indication of how the lawyer operates and whether or not he or she has a good success rate.