see Checklist for claiming compensation in the Employment Tribunal, The Compensatory Award, The Basic Award, How to prepare your schedule of loss for the Employment Tribunal, Schedule of loss spreadsheet for unfair dismissal claims, Schedule of loss spreadsheet for discrimination claims
Employment Tribunal compensation limits are increased every year from 6th April. Remember to amend your schedule of loss.
Under section 120(1) Employment Rights Act 1996 (ERA 1996) and section 156 Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), the following automatically unfair dismissals have a minimum award of £6,562.00 (2019 – £6,408.00);
The maximum basic award is the same as the standard unfair dismissal – £16,140.00 (2019 -£15,750. 00)
Where your employer fails to provide a written statement of employment particulars, the Employment Tribunal has the discretion to award 2 weeks pay. The limit on two weeks pay is £1076.00 (2019 – £1050.00)
If it considers it just and equitable to do so, the tribunal can award up to 4 weeks pay. The limit on 4 weeks pay is £2152.00 (2019 – £2100.00)
If your employer does not allow you to be accompanied in discipline and grievance proceedings, the Employment Tribunal can award a maximum of 2 weeks pay. The limit on 2 weeks pay is £1076.00 (2019 – £1050.00)
After at least 26 weeks of continuous employment, you can apply to your employer for flexible working arrangements. Under Regulation 6 of the Flexible Working Regulations, the Employment Tribunal can order your employer to pay you a compensatory award of up to eight weeks pay (maximum £4,304.00. 2019 -£4200.00) if your employer;
In addition, the Employment Tribunal must make a declaration, and can also order your employer to reconsider your request.
If you are made redundant after two years continuous employment, you are entitled to a statutory redundancy payment which is calculated in the same way as the basic award for unfair dismissal. The formula is in section 162 ERA 1996.
The maximum protective award for failure to inform or consult over a collective redundancy is 90 days gross pay per dismissed employee – section 189 TULR(C)A 1992. There is no statutory limit or minimum award.
Under section 31(1) ERA 1996, you may be entitled to a statutory guarantee payment if you are laid-off or on short-time working. The formula for calculation is in section 34 of the Employment Relations Act 1999, and the yearly rate is given by the Social Security Benefits Uprating Order. It is calculated by multiplying the number of normal working hours on the workless day by the guaranteed hourly rate. Statutory guarantee payments are subject to a maximum daily limit of £30.00 (2019- £29.00) a day, subject to a maximum of five days or £150.00 (2019 – £145.00) in any three months.
Legislation.gov – The Employment Rights (Increase of Limits) Order 2020
GOV.UK – Lay-offs and short-time working
Worksmart – How is my redundancy pay calculated?
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