Employment Tribunal Payout

spring_chicken

Hi everyone, just a query, if a person who was unfairly dismissed from work was to win their case at a tribunal hearing, what type of payout could they expect?

The person was earning in the region of £38,000 pa
They were totally innocent of any wrong doing
They had the potential of staying in the job they were dismissed from for at least another 20 years.

Sorry to sound a bit candid, but I am not permitted to discuss any finer details.

Thanks guys

SarEl

Or anywhere near. The median award is around £7k for unfair dismissal. For a higher wage earner you might expect - unless there is a Polkey deduction - something more. But if you get the equivalent of six months wages you will be doing well, and 9 - 12 months wages is exceptional. It is exceptionally rare cases where the award would be more.

nuttyp

And then you have to actually get the money from the employer, my daughter got an award and we are still waiting 18 months on. Bailiffs from the court havent been able to get it either. Just need to find a good independant debt collector with a firm approach - or to sell the debt on.

LittleVoice

spring_chicken wrote: »

Hi everyone, just a query, if a person who was unfairly dismissed from work was to win their case at a tribunal hearing, what type of payout could they expect?

The person was earning in the region of £38,000 pa
They were totally innocent of any wrong doing
They had the potential of staying in the job they were dismissed from for at least another 20 years.

Sorry to sound a bit candid, but I am not permitted to discuss any finer details.

Thanks guys

BTW the opposite of candid is guarded. (Sorry. It was a "grammar police" moment!)

spring_chicken

ok, so if you had your whole career taken away due to lies and being set up (this has proof) then you would still only be awarded say half a years wages? thats not fair is it?

spring_chicken

SarEl wrote: »

Or anywhere near. The median award is around £7k for unfair dismissal. For a higher wage earner you might expect - unless there is a Polkey deduction - something more. But if you get the equivalent of six months wages you will be doing well, and 9 - 12 months wages is exceptional. It is exceptionally rare cases where the award would be more.

so even if it was proven that the person was entirely innocent of any wrong doing, he would only be awarded say £19,000 based on a £38,000 salary? thats outrageous, cos if say a company wanted shot of an employee, and because they had no valid reason to sack them, they invented one (hence the unfair dismissal) they would be able to get away with it? and only have to pay half of the yearly salary? Thats so scary

spring_chicken

LittleVoice wrote: »

BTW the opposite of candid is guarded. (Sorry. It was a "grammar police" moment!)

thanks for pointing that out, I feel a bit stupid now, well very stupid (note to myself, must check dictionary in future!) lol

spring_chicken

nuttyp wrote: »

And then you have to actually get the money from the employer, my daughter got an award and we are still waiting 18 months on. Bailiffs from the court havent been able to get it either. Just need to find a good independant debt collector with a firm approach - or to sell the debt on.

I understand what you are saying about getting the payout, we took a builder to court for building us a shoddy porch, we won the case, but never received a penny, despite sending in the bailiffs, its a joke really

spring_chicken

Googlewhacker wrote: »

Alot of it is due to the fact that you are expected to mitigate your losses if you win, so you would be expected to go and get another job....not get 20 years pay to sit on your !!!! for the rest of your life...

Also you have to remember......you have to prove that you were unfairly dismissed as well first!

He has got another job, but sady not of the calibre that the one he lost (and due to the sacking, he wont be able to work in that sector again) proving the unfair dismissal will be a piece of cake, the evidence against the company is outstanding

SarEl

spring_chicken wrote: »

so even if it was proven that the person was entirely innocent of any wrong doing, he would only be awarded say £19,000 based on a £38,000 salary? thats outrageous, cos if say a company wanted shot of an employee, and because they had no valid reason to sack them, they invented one (hence the unfair dismissal) they would be able to get away with it? and only have to pay half of the yearly salary? Thats so scary

Sorry - since he has got another job, albeit at less pay - I would reduce my estimate.

And good luck with the "outstanding evidence" - and I really do mean that sincerely. But you have obviously never been through a tribunal before. When you have you might want to revise your opinion - tribunals have a way of hacking away at your evidence, your sanity and your life. I have been through thousands of them - and I have seldom met a claimant who thought justice was done even when they won.

spring_chicken

Googlewhacker wrote: »

Has he started the tribunal process I take it then? Because he could come to a compromise agreement with the company in that he gets a good referance which may help him work in that sector again (dependant on what the sector is)

yes, it started in July 2010, the hearing was due to take place earlier this year, but due to the amount of evidence against the company, they have reset the hearing for a 3 day hearing for next year, he has been put off from working in that sector to be honest due to so many underhand practices that take place, which actually led to his dismissal