Employment Tribunal Payout

Skillz2

spring_chicken wrote: »

so if a persons career has been ruined due to lies, then they are never compensated for what they are losing out on? what about his pension and loss of future earnings, cos £68,000 is less than what he would have earned if he was still in his job by the time this gets to tribunal as he was on £38,000 per year, pretty unfair if you ask me, but the thing that he really wants is to get his name cleared, so if he achieves that, then he will be happy, but still a shame that his potential for earning what he used to has been taken away from him

If when filling out the ET1 claim form you ask for reinstatement and the Tribunal orders this and employer refuses then the cap of £68,000 is lifted. Tribunals very, very rarely order reinstatement; however, it is not totally unheard of; moreover, the tribunal will only compensate for net loss of earnings not Gross.

SarEl

Skillz2 wrote: »

If when filling out the ET1 claim form you ask for reinstatement and the Tribunal orders this and employer refuses then the cap of £68,000 is lifted. Tribunals very, very rarely order reinstatement; however, it is not totally unheard of; moreover, the tribunal will only compensate for net loss of earnings not Gross.

This is not entirely accurate. If an order for reinstatement is made but not complied with, the cap on compensation for unfair dismissal can only be exceeded by however much it takes to ensure that you are fully compensated for the period of time between dismissal and the date on which you should have been re-employed. Since the OP has another job, it is highly unlikely the amount could possibly ever reach a sum which exceeds the cap. We know what the original wages was, and even if the new wage is £20k - a loss of £18k per annum, it would mean that the hearing would need to be delayed for nearly 4 years before the cap would be exceeded!