UNFAIR DISMISSAL If you have over two years' service you have the right to raise a claim for unfair dismissal. In calculating whether you have two years' service, a period of one week is added on (i.e. the equivalent of the statutory minimum notice period - see page 4 above). This means that if you have 103 weeks' service or more you can raise an unfair dismissal claim. There are a number of exceptions to this qualifying service requirement (see "If you have less than two years service" below) so it is always worth seeking initial advice on whether you may have a claim. Raising a claim •
If you wish to raise a claim for unfair dismissal then you must first attempt ACAS early conciliation within three months of your employment terminating. If early conciliation is unsuccessful or either you or your employer do not wish to proceed with it then an Early Conciliation certificate will be issued. You can then proceed to make a claim to the Employment Tribunal. The time limit for making a claim will be extended to take account of the early conciliation process. The requirement to trigger early conciliation applies for the vast majority of claims that can be made to a Tribunal. The time limits are short and are not straightforward and we recommend that advice is sought.
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It may also be possible for you to raise a claim for constructive dismissal. This occurs where your employer has materially breached your contract of employment in such a way that you are entitled to resign and treat yourself as having been dismissed. Such a breach could, for example, include a failure to pay your wages or a breach of the implied term of trust and confidence that exists in all contracts of employment.
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For more detailed information please see making an employment tribunal claim
Compensation •
The maximum unfair dismissal award is £105,813 (a basic award of £16,320 and a compensatory award of £89,493.
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The cap on the compensatory award is the lower of £89,493 or 52 weeks' gross pay. A weeks' gross pay for the purposes of the statutory cap includes employer pension contributions but excludes benefits-in-kind and discretionary bonuses. Dismissals for whistle blowing or related to certain health and safety reasons remain uncapped, as do dismissals relating to unlawful discrimination.
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The median unfair dismissal award in 2019/20 was £6,646.
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The amount a Tribunal will award for unfair dismissal will depend almost entirely on your salary and benefits at the date you were dismissed and how quickly you are able to obtain alternative comparable employment. This is because a Tribunal will compensate you for your loss rather than making any punitive award against your employer.
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In certain specific circumstances, there is no limit on the amount that a Tribunal can award. These circumstances include dismissal for health and safety reasons or dismissal following the making of a protected disclosure (whistleblowing). In addition, there is no limit on the amount that can be awarded where the dismissal is related to unlawful discrimination (i.e. discrimination on the grounds of sex, race, disability, age, marriage and civil partnership, sexual orientation, gender reassignment, pregnancy and maternity and religion or belief).
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For more detailed information on compensation please see employment tribunal awards.
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