Compensation for Unfair Dismissal
In this article we explain exactyl what unfair dismissal is, and how you can potentially get compensation for it. If you would like to receive a free no obligation phone call from one of our trained professionals, to help you work out if you can potentially make a claim, then please fill in the box to the right and we will contact you.
Unfair dismissal occurs when an employee is terminated from their job without sufficient cause. Several different factors can make for unfair dismissals. If there was not a problem with the way you performed your job duties and you were fired without being given a fair reason, than an unfair dismissal may have occurred and you may well be eligible for unfair dismissal compensation.
If your employer terminated your employment without following all of the rules of dismissal, than an unfair dismissal may have occurred. If your employer terminated your job because you wished to exercise one of the basic rights of employment, than an unfair dismissal may have occurred.
There are many fair reasons why an employer may terminate an employee’s job position. Even so, there are rules and regulations that must be followed. An employee can still file an unfair dismissal compensation claim if they were terminated for a fair reason, but the proper procedure was not followed.
There are several dismissal reasons that automatically qualify as an unfair dismissal. If your employer, terminates your employment because you have requested a job description or an itemized payment stub or statement then you have been unfairly dismissed. If you are terminated after requesting leave because of maternity, paternity or adoption requirements, then you have been unfairly dismissed.
Being fired from a job without cause is a financial devastation that can cause people to lose a great deal the lives that they have built. The laws that cover employment were written and enacted to protect employees from the rash actions of employers.
What is Unfair Dismissal Compensation?
Unfair dismissal compensation is a monetary payment that is awarded through a legal process that is either at the command of a court or through a settlement offer. On one hand, it is a penalty to an employer who has broken the law, On the other hand, it is a justification and reaffirmation that the law cares about and protects employees from wrongful discharge. Many other factors can lead to an unfair dismissal.
What Causes Unfair Dismissal?
Discrimination is a major cause of unfair dismissals. Greed can also play a part in unfair dismissals. If employers try to steal money, by adding extra deductions to payroll or refusing to provide itemized pay-stub reports then they may be attempting to take extra deductions from your paycheck. Compensation for unfair dismissal was designed to curb this illegal behavior.
Compensation for Unfair Dismissal Proceedure
If your employment ended, without a justifiable cause or after you had requested to exercise your legal employment rights than a compensation for unfair dismissal can be pursued. It is the best advice to point anyone who may have been unfairly dismissed to the council of a claim solicitor. Unfair dismissal is a complex legal issue that should be handled by a solicitor.
The employment laws are lengthy and cumbersome. Navigating the legal system is also difficult. A claim solicitor that is experienced in dealing with unfair dismissals can help to build a valid case and ague on your behalf. To contact a claim solicitor, simply fill out the form to the right of this article. Include your name and telephone number or means of contact and any pertinent details that will help the solicitor evaluate your case.
How Much Can I Claim For Unfair Dismissal?
The maximum amount, that can be paid out for unfair dismissal compensation changes often. It is linked to RRI. The determination is divided into two monetary divisions, the basic award, and the penalty. Both monetary amounts change at least yearly. An example of this process is for the time period following 1st February 2011. The basic maximum award is listed as ₤68,400. The penalties that can be added to the basic maximum amount are ₤400 x 30 which equals ₤12,000.
The total maximum award is then ₤68,400 + ₤12,000 which equals ₤80,400. This is the maximum amount that can be awarded for an unfair dismissal claim. There are, however, other qualifying factors that can cause the maximum award to go up. Sex, race, and disability discrimination do not have a maximum amount set or a cap on what can be awarded. The cap on compensation for an automatic unfair dismissal was removed as well.
Trying to figure out what a compensation limit may be is complex. It is best to discuss these details with a claims solicitor. A claims solicitor who deals with unfair dismissals will be aware of how the caps for unfair dismissal compensation have changed. They will also be able to assess whether or not special circumstances apply that can cause the maximum compensation limit to be increased.
Preventing Unfair Dismissal
Understanding the laws the govern employment can be difficult. Finding a claim solicitor that understands the legal network that is involved in unfair dismissal claims is the first step in dealing with ramification of suddenly being jobless for no reason. There are many rules and regulations that employers are legal obligated to follow. These rules and laws were put into place for good reason. These laws are designed to protect employees from unfairly losing their jobs. These laws are born out of historical documented cases where employers took advantage of the employees need to earn a living.
Being fired from your job for no fair reason is unfair. The laws are very clear about what is a fair termination and what is an unfair termination. This is a problem that exists in today’s world of work and as such requires a yearly updating of the compensation code. This alone is an indication of how prevalent unfair dismissals are.
If you feel as though you have been unfairly dismissed from a job, than contact a claims solicitor explore the legal options that are available to you. Compensation for unfair dismissal is toll that the legal system uses to punish employers who fail to follow the law.