Payments after job loss 29 June 2022 at 4:57PM in Redundancy & redundancy planning 11 replies 556 views

RobHT

Hello,

I was wondering what usually is the payment in case of a job loss, but not a standard one, I refer to an unfair job loss (unfair dismissal), basically being fired without following rules, so I exclude:
1. Correct termination of the contract defined by a period of time (like 1y contract)
2. Redundancy
3. Miscounduct

What is the usual sum requested in the court?

In case someone has an employment insurance, would the judge subtract this amount to the final amount that the company will need to pay? (just because I'm covered?)
I'd say no, but for some reason I have doubts...

I'm glad it's not for me, but I'd like to know how it works.

RobHT

I found this, but I don't know what are the conditions based on how the court will rule out the amount to pay: https://landaulaw.co.uk/faqs/what-compensation-would-you-receive-in-a-constructive-dismissal-claim 

Is it based on my annual salary? My children or any other dependant?

Is it based on the monthly salary? If so, how they decide how many months is my damage?
Imagine I lose the job and I claim the max amount, but I found the job the month after, would the judge still approve my request?

This website says the following but it doesn't give indications on the reasons

(The maximum amount that you can be awarded as compensation for constructive dismissal is presently the statutory cap of £93,878 or 52 weeks gross salary- whichever is the lower. This is in addition to the basic award which can be ordered by the Tribunal of up to a maximum of £17,130. These figures are from 6th April 2022.)

I'm not sure how to interpret this from that website:

As mentioned above, in making an award for compensation in these cases, an Employment Tribunal has the power to reduce both the basic award and the compensatory award. This can happen if a tribunal finds an employee’s conduct contributed to the situation, or where an employer can show that even if they had followed a correct process, the decision to dismiss would still have been the same (this is known as a Polkey reduction of damages).

It seems like a joke to me, why it's not fixed instead of leaving a possibility of a weird judgment from the court? It seems ridiculous to me.

RobHT

No one? 

comeandgo

I have great difficulty understanding what it is you want.

RobHT

comeandgo said:

I have great difficulty understanding what it is you want.

I think that the question is clear.
What is the usual sum requested in the court for unfair dismissal?

lincroft1710

RobHT said:

comeandgo said:

I have great difficulty understanding what it is you want.

I think that the question is clear.
What is the usual sum requested in the court for unfair dismissal?

Surely the question should be "what is the usual sum awarded by a tribunal for a proven case of unfair dismissal?"


I think you'll find the answer is "It varies".

RobHT

I'm searching for an explanation, which means I'm searching for reasons in the evaluation, I don't think it is chosen out of nothing, but that wouldn't surprise me much, the law is a joke .

Grumpy_chap

The amount will vary depending upon the loss suffered by the individual.

That is confirmed in the article you linked above, which seems to describe the approach taken to evaluating any claim.  

What more can be added in this forum, especially when the context is at such a general level?

mjm3346

Obviously the "worth" of the employee as shown by their salary will be the major factor - if someone normally only gets say £300 a week and someone else gets £1,000 a week the latter is likely to be awarded a considerably higher sum if the sacking circumstances are the same  

Marcon

RobHT said:

comeandgo said:

I have great difficulty understanding what it is you want.

I think that the question is clear.
What is the usual sum requested in the court for unfair dismissal?

There is no 'usual sum'. It's entirely specific to your circumstances and the person best placed to advise is your lawyer.

prowla

RobHT said:

comeandgo said:

I have great difficulty understanding what it is you want.

I think that the question is clear.
What is the usual sum requested in the court for unfair dismissal?

I don't think anybody can answer, since there's not enough information to base a reply on.

• Since you mention a contract, that will likely give details of the T&Cs for termination.
• It is a common thing stated here that you have little recourse in the first 2 years of an employment.
• If there is a notice period, then that would likely be a measure of the amount due.
• If it was a zero-hours contract then there is no expectation of paid work.
• You've mentioned constructive dismissal, but that is not relevant (based on the information given).