Chronology
A chronology sets out the key dates in relation to a claim. It is useful to provide the Tribunal with information about the sequence of events and should be provided in advance of the hearing if possible.
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A chronology sets out the key dates in relation to a claim. It is useful to provide the Tribunal with information about the sequence of events and should be provided in advance of the hearing if possible.
A claim form, also known as an ET1, is the form, which a person wishing to make an employment related claim, completes and sends to the Employment Tribunal to initiate the claim.
A Claimant is the individual or organisation (in the case of a Trade Union claim under section 188, for example) who presents a complaint to an Employment Tribunal.
The Compensatory Award is potentially the largest part of an Unfair Dismissal award. It aims to compensate Cliamants for their financial losses - mainly loss of net earnings while unemployed after being unfairly dismissed, but it can include amounts for ongoing loss (where the Claimant’s new job is at a lower rate of pay than their old job) and expenses incurred in looking for another job, attending interviews etc. The Compensatory Award can be up to £63,000.00*, although in a limited range of cases, for example dismissals for health and safety reasons, it can be unlimited. The Compensatory Award can not, according to the House of Lords, compensate an employee for injury to feelings caused, for example, by the manner of dismissal.
* £63,000.00 for dismissals occuring between 1 February 2008 and 31 January 2009. The cap for 2007 - 2008 was £60,600.00 and for 2006-2007 was £58,400.00. The cap is reviewed every year and increases on 1 February.
A compensatory award is awarded in most cases where a claim for unfair dismissal is successful.
Circumstances where no compensatory award is made:
Circumstances where a limited compensatory award is made:
The maximum compensatory award is approximately £60,000.00 and is usually increased at or above inflation each year. Awards over £30,000.00 are grossed up to account for income tax. Therefore an employee may be awarded £60,000.00 net but the cost to the employer is either £66,000.00 or £72,000.00 depending on whether the employee is a basic rate or higher rate tax payer.
The proper term for a claim to an employment tribunal is a complaint. Strictly speaking, one does not make a claim, one presents a complaint to the Employment Tribunal.
In order for a contract of employment to be formed there has to be three constituents:
1. Offer
2. Acceptance.
3. Consideration.
Where a prospective employee accepts the offer of a new job, the consideration is handing in notice to the old employer. See the Sarker case.
Where a claimant has contributed to his dismissal by his “blameworthy conduct” a Tribunal can reduce the basic and compensatory awards by a percentage up to and including 100%