This factsheet sets out briefly the main criteria for claiming and types of award that are possible. For more information, contact us to discuss your particular circumstance.
Criteria for making a claim
Before you are able to present a claim at the Employment Tribunal for Unfair Dismissal you have to be able to satisfy the following criteria:
- you must have 12 months continuous service with your employer
- you must be under the age of 65
- you must have actually been dismissed
- you are not within a group of excluded classes of employment
- your employment should ordinarily have terminated less than three months ago
- you should have raised a grievance with your employer
If you comply with the above criteria you may be able to bring a claim against your employer.
If you are unable to comply with the above criteria, you may still be able to bring a claim.
Awards
Awards for unfair dismissal consist of a basic award and a compensatory award.
The Basic Award is based on your age, length of service and weekly pay and is calculated as follows:
- One and a half weeks pay for each year of employment in which you were not below the age of 41
- One weeks pay for each year of employment in which you were not below the age of 22
- Half a weeks pay for each year of such employment not falling within points 1 or 2
The maximum amount of a weeks pay for the purpose of the above calculation is £330.
The Compensatory Award is an amount that the tribunal considers just and equitable for the loss that you have suffered. The maximum is currently £63,000.
