Being dismissed from a job can be an overwhelming and stressful experience. Being let go is always difficult, but if you have been unfairly dismissed, you could be entitled to compensation. In this article, we will discuss how unfair dismissal compensation works and how to move on with your life after it occurs.
What is unfair dismissal?
Unfair dismissal is a term used to describe the termination of an employee’s contract of employment without due cause.
The difference between unfair dismissal and wrongful dismissal is that wrongful dismissal involves the employer being judged as negligent in their actions, whereas unfair dismissal does not require any negligence on behalf of your employer.
To prove that you have been unfairly dismissed, you must show:
- That there were no reasonable grounds for terminating your contract.
- That any other reason given for your termination was not sufficient.
If there was a good reason for firing you, they weren’t applied consistently across all employees.
- You were treated differently than other employees who had similar jobs or responsibilities and performed them well. This type of discrimination is called direct discrimination and is arguably the most serious case of unfair dismissal.
- If you have been terminated from a job and feel that you were wrongfully dismissed, then this is an issue for legal settlement. If you have an inkling that this is unfair, you may be able to take your employer to court and win compensation for lost wages or other damages.
Can I get compensation for unfair dismissal?
As stated above, if you are dismissed from work and think this was unfair, then you may be able to claim compensation from your employer. The amount of compensation will depend on the reason for your dismissal and how long ago it occurred.
If you are eligible to claim, there are two ways that an employment tribunal can award compensation:
Compensation for injury to feelings: this is awarded when there has been a breach of contract by your employer, such as dismissing them without good cause or giving them less notice than what was agreed upon in their contract; and/or
A basic award: this is a sum that must be paid by employers who have not complied with certain statutory obligations. For instance, if employers neglect to pay your wages, but are paying others regularly, this is an example of unfair dismissal.
How much compensation can I get for unfair dismissal?
The amount of compensation you can be awarded depends on a number of factors. If you are aged between 16 and 17 years old, then no compensation is often payable. If your age is 18 or over, but less than 21 years old when dismissed, then the maximum amount of pay will be around £1400.
Usually, as an adult, you will be able to claim up to half of your annual earnings, or if you earn a high amount of pay, this will be in accordance with the current compensation cap. You can view this online, as it can regularly change.
How to prove unfair dismissal
Proving that you were unfairly dismissed is a complex process, but it is important to make sure that your case is strong. Here are some tips on how to do so:
Gather evidence. Make sure you can prove that the employer’s reasons for dismissal were not genuine. If they didn’t have a good reason for firing you, then their actions might be considered unfair and unlawful. There are various ways in which this can be done. For example, if an employee has been treated unfairly by management themselves at some point in time, then evidence supporting these claims could be submitted as part of your defence.
Ask for statements: More evidence includes being dismissed from employment with no notice period given by employers. If this has occurred, upon request, other employees you worked with may give you evidence to use in your defence, such as a statement.
Gather data: If you have not been paid correctly, or as regularly as promised prior to being dismissed, ensure to gather bank statements and payslips as proof of incorrect payments.
How to claim unfair dismissal
Here is the process of how to claim unfair dismissal.
- File your claim
- Prove your claim
- Get evidence of your dismissal and its impact on you, such as medical records or letters from friends and family members who saw how upset you were when it happened. Keep in mind that the more evidence you can provide, the better chance you have of winning your case.
- If the employer rejects your claim or doesn’t respond within the allocated time period, contact us again for help with taking legal action.
If you have been unfairly dismissed, it’s important to know your rights and what action you can take. You may be entitled to compensation and other benefits which can help you recover from this difficult situation. If you think that you have been a victim of this treatment, then contact us today for help making a claim.. We are always prepared to offer our services to you if you have been on the receiving end of unfair dismissal. You can also read more about how to make a claim, on our handy blog.