Unfair dismissal compensation calculators are invaluable when you’re trying to work out what your situation might look like from a financial perspective.
Being dismissed in any context is difficult but if you believe you’ve been unfairly dismissed, it can be hard to know where to begin. We know that you’ll feel a sense of injustice but it’s important that you take the proper action to ensure you get the compensation you deserve.
Unfair dismissal occurs when you were:
- Not given a fair reason for your dismissal
- Or not given enough reason to justify your dismissal
- Or not allowed a full and fair dismissal procedure
Crucially, it’s different from wrongful dismissal, which is where an employer has breached the terms of an employee’s contract.
What Happens If I’m Unfairly Dismissed?
If you think you’ve been unfairly dismissed by your employer, it can be difficult to process.
The best thing you can do is to speak to an expert solicitor for unfair dismissal to discuss your specific situation so they can help you figure out what the best option is for you and how to proceed.
Your employer should outline what their appeal process is so that you’re able to challenge the decision if you wish – this is a key part of the code of practice which while isn’t a legal requirement, does set out the minimum standards expected. If those standards aren’t met, a court or employment tribunal is likely to look upon the employer unfavourably.
Some things are ‘automatically’ unfair if they are the main reason you’re dismissed, including:
- Requesting flexible working
- If you resign and give the correct notice period
- Taking time off for jury duty
- Joining a union
- Applying for or receiving maternity, paternity, or adoption leave that you’re entitled to
- Refusing to give up working time rights
- Asking for a legal right such as receiving the national minimum wage
- Taking part in legal or industrial action for less than 12 weeks
Many other instances might be classed as unfair dismissal (being forced into compulsory retirement or whistleblowing being two significant ones), but if you feel like you’ve been treated unfairly or if you’re unsure whether the proper procedure was followed, you should speak to someone.
Unfair Dismissal UK Compensation
Calculating the compensation that you could be entitled to is an important part of any settlement relating to unfair dismissal.
When it comes to unfair dismissal, the amount of compensation you’re entitled to will depend on:
- The amount of time you had worked for your employer when dismissed
- Your age when you were dismissed
- Your weekly pay before tax and national insurance are deducted, known as gross weekly pay
It’s worth knowing that any unfair dismissal claim must be made within 3 months of your employment ending, whether it was the date of your dismissal or the last day of your notice period.
Making an unfair dismissal claim might mean going to an employment tribunal if it can’t be resolved beforehand. Before you make a claim, you should seek to come to a resolution with your employer, which might be a settlement agreement.
Your solicitor or legal expert will be able to help you with how to proceed but there are some set figures when it comes to the financial award that you’re given by an employment tribunal. It’s split into a ‘basic’ award and a ‘compensatory’ award.
The basic award is calculated as follows:
- Half a weeks’ pay for each complete year of employment under the age of 22
- 1 weeks’ pay for each complete year of employment between 22-40
- 1.5 weeks’ pay for each complete year of employment aged 41+
A weeks’ pay is capped at £544 if you were dismissed between 6 April 2021 and 5 April 2022, or £571 if you were dismissed on or after 6 April 2022.
The basic portion is also capped at a maximum of 30 weeks’, so the total figure will either be £16,320 (if dismissed between 6 April 2021 – 5 April 2022) or £17,130 for those dismissed on or after 6 April 2022.
The compensatory award is where personal circumstances are considered when calculating the total sum.
For example, it might be you have lost earnings and missed out on bonuses, pensions, and other financial remuneration. For this segment of the award, the total amount is capped at £105,813, although there are some extenuating circumstances in which it might be higher.
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