How can you get representation?
Contact our specialist employment law team
If you’re going through a disciplinary, performance management or redundancy process we can advise and assist with challenges to fair process and appeals. We’ll help you strengthen your position by advising on what your employer may be doing wrong.
Alternatively, if you’ve been dismissed, we can advise on the strength of your unfair dismissal claim and potential compensation. We also advise on bringing and conducting an employment tribunal claim.
Create a strategy
Once we understand your position, a qualified solicitor will work with you to create a plan of action.
From the beginning, we’ll provide you with up-front cost estimates based on the work/advice required so you’re clear on your costs. We’ll also keep you up to date throughout.
If you succeed with an unfair dismissal claim at an Employment Tribunal you’re entitled to compensation on the following basis:
The basic award is a statutory award that involves multiplying a) your length of continuous service at the point of dismissal (up to a maximum of 20 years); b) a multiplier based on your age; and c) your gross weekly pay as at the date of dismissal. A week’s pay is subject to a statutory cap which is £538 (correct from 6 April 2020 but subject to change).
If you’ve been dismissed by reason of redundancy, the tribunal will reduce the basic award by the amount of any Statutory Redundancy Pay you’ve received.
The compensatory award is based on the loss of income you’ve incurred as a result of your dismissal (subject to your duty to lessen your loss i.e. made a reasonable effort to find alternative employment).The maximum Compensatory Award you can be awarded in ordinary unfair dismissal cases is the lower of either the statutory cap of £88,519 or 52 weeks gross salary (correct as of 6 April 2020 but subject to change). This award can be enhanced or reduced, for example if the employee is found to have contributed to their dismissal (contributory fault) or the employer has unreasonably failed to comply with the ACAS Code on Grievances and Disciplinary Procedures.
In some cases, there’s no cap on the compensation that can be awarded.
If you’re a higher earner and/or you’ve already received severance from your employer, you’ll need to carefully consider if it’s worth making an unfair dismissal claim because of the statutory cap.