What remedies are available for unfair dismissal?
The remedies for unfair dismissal are a basic award and a compensatory award, reinstatement or re-engagement.
How much money can I get for unfair dismissal?
The maximum amount that you can be awarded as compensation for constructive dismissal is presently the statutory cap of £89,493 or 52 weeks gross salary- whichever is the lower. This is in addition to the basic award which can be ordered by the Tribunal of up to a maximum of £16,320.
Can I be instantly dismissed?
You can summarily dismiss someone instantly for gross misconduct which means you don’t have to give notice or payments in lieu of notice. However, you should investigate the incident and give the employee a chance to respond before deciding to dismiss them.
Are there any remedies for unfair dismissal in the UK?
Reinstatement, being the re-employment of the employee back into the role he was unfairly dismissed from (as though the dismissal had never occurred), is one possible remedy in the UK for unfair dismissal.
How can I reduce my compensatory award after unfair dismissal?
Certain payments made by the employer to the employee, for example wages in lieu of notice or an ex gratia payment, will normally result in a reduced compensatory award. The compensatory award will also be reduced by the amount of the employee’s earnings from any other employment between the dismissal and the tribunal hearing.
What can a Tribunal do if an employee is unfairly dismissed?
Under statute, if a Tribunal finds an employee has been unfairly dismissed there are three options open to it (ERA 1996 s.112 and TULRCA 1992 s.157 (1)), as follows: Option 1 is to make an order for reinstatement. Option 2 is to make an order for re-engagement.
When to bring claim for unfair dismissal and redundancy?
Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of unfair dismissal after one year of continuous service and a claim for redundancy pay after two years’ service.
Reinstatement, being the re-employment of the employee back into the role he was unfairly dismissed from (as though the dismissal had never occurred), is one possible remedy in the UK for unfair dismissal.
Are there any legal remedies for wrongful dismissal in Nigeria?
The use of equitable remedies have been rare in Nigeria, except in the cas of public officers whose employment is guided by a statutory instrument establishing the public institution as was the case in Shitta-Bey V FPSC (1981) and Olaniyan & Ors Vs University of Lagos (1985).
Certain payments made by the employer to the employee, for example wages in lieu of notice or an ex gratia payment, will normally result in a reduced compensatory award. The compensatory award will also be reduced by the amount of the employee’s earnings from any other employment between the dismissal and the tribunal hearing.
What can I do if my employer wrongfully dismissed me?
An employee who has been able to establish that his employer has wrongfully dismissed him is entitled to claim damages under common law. The employee must also mitigate these damages as far as he reasonably can.