Unfair Dismissal Compo

prince of peasants · 02-01-2014 10:10am #1

Hi

Just wondering how the tribunal estimates compensation. Say a guy who has been unfairly dismissed from a job he was in for two months. Would he receive the same compensation as someone unfairly dismissed after three years employment?

Thanks

ScouseMouse · 02-01-2014 10:32am

I am not going into this to deeply as I am a bit groggy on this but I am not sure they can go into unfair dismissals procedures if you are in a position for only two months. As far as I can remember, unfair dismissal and rights only come into action after a certain length of time.

The experience I have is that you are on trial for 13 weeks and can pretty much be let go without reason or notice. After that, you can still be let go within 2 years but with notice or payment in lieu.

I assume you have something concrete to go on. A contract that says different or something?

Pro Hoc Vice · 02-01-2014 10:33am

Can't make a claim after 3 months employment. Lots of things are taken into account in calculating award.

seamus · 02-01-2014 10:34am

You cannot avail of the unfair dismissals act until you've been working in a company for a year, so a guy fired after two months wouldn't even get to court.

In the more theoretical basis, the estimation of compensation takes a whole pile of factors into account, including the length of employment, the likely future length of employment, chances of being promoted, and a whole pile of other things.

The compensation however won't be a "here's what you would have earned if we hadn't fired you" payment, it's more like compensation for the expense of having to adjust your life by finding a new job. Which will be a larger figure if the person holds a bigger salary or has been employed at the company for longer.

The nature of the dismissal is also important. For example, if someone is made redundant unfairly, then the court will recognise that the company had to enforce redundancies, but just made a poor choice for this individual (remembering that the individual was paid redundancy). But if someone is just fired spuriously and without warning, it will be considered a more serious breach.

Worth noting that the EAT does not solely dole out compensation. They can order that the worker is re-hired, though this is rare.

3DataModem · 02-01-2014 10:37am

You can be unfairly dismissed at any stage - even very early on (for certain reasons). It's just easier to dismiss earlier in employment, and much harder to prove it was unfair.

Re: the initial question
All you can get at the EAT is actual loss of earnings capped at 2 years. So if you were earning 2000 per month and were dismissed and after 1 month got another job earning 2000 or more, then your max entitlement is 2000. No legal fees, no damages, no nothing.

If you got another job immediately earning 1500 per month your max award would be 500 x 24 = 12000 but you'd be unlikely to get that full amount.

None of the above matters on how long you were employed.

prince of peasants · 02-01-2014 10:45am

superscouse wrote: »

I am not going into this to deeply as I am a bit groggy on this but I am not sure they can go into unfair dismissals procedures if you are in a position for only two months. As far as I can remember, unfair dismissal and rights only come into action after a certain length of time.

The experience I have is that you are on trial for 13 weeks and can pretty much be let go without reason or notice. After that, you can still be let go within 2 years but with notice or payment in lieu.

I assume you have something concrete to go on. A contract that says different or something?

so whats the deal then if someone is sacked within 2 months of employment and they think it is totally uncalled for? is there any recourse?

3DataModem · 02-01-2014 10:47am

prince of peasants wrote: »

so whats the deal then if someone is sacked within 2 months of employment and they think it is totally uncalled for? is there any recourse?

Depends why you were sacked. If it is because you became pregnant, then yes.

Pro Hoc Vice · 02-01-2014 10:48am

prince of peasants wrote: »

so whats the deal then if someone is sacked within 2 months of employment and they think it is totally uncalled for? is there any recourse?

Only if it is for an equality ground. Otherwise it's not unfair dismissal.

prince of peasants · 02-01-2014 10:59am

the law is a funny thing alright. i can't see how someones duration of employment can equate to their same entitlement to justice.

Rachiee · 02-01-2014 11:06am

Most jobs have a probationary period of 6-12 months where you can be dismissed without reason. Unless you can prove it was discrimination its unlikely you'll successful.

hullaballoo · 02-01-2014 2:22pm

Moderator: OP, there is an astounding number of totally incorrect observations about an employees entitlements in this thread.

I suggest that you disregard them all and either conduct your own research into it or, if that is not an option, that you seek professional assistance.

I'm afraid this thread cannot be left to continue on given the clear dearth of knowledge in this area already on display.

Unfair Dismissal Compo

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