One of the main issues for Claimants and Employers in any dispute is compensation.
Unless a dismissal takes place on the ground of gross misconduct notice pay is generally always payable on the termination of employment together with any other outstanding contractual amounts for example holiday pay.
A claim of unfair dismissal enables an employee to claim different types of compensation.
Basic award – this is calculated in the same way as a statutory redundancy payment and is based on age, length of service, a gross weeks pay (subject to the current cap).
Compensatory award – which is potentially 12 months pay or capped at £76,574 for higher earners (whichever is less).
Loss of statutory rights – normally around £300-£600.
Discrimination claims are unlimited when it comes to compensation and also carry an injury to feelings award. Realistically however the average injury to feelings award is around £5,000.00 - £10,000.00.
It is very important to get a realistic estimate of exposure or assessment of damages in discrimination cases and specialist advice at an early stage is essential.
If you require help assessing your exposure to a claim or claim value, contact us and we can assist with a calculation.
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