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#10062 - Advice 2 - BPC Employment Law

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ADVICE 2

The tribunal would also give you a compensatory award. This is intended to put you into the financial position you would have been in had you not been unfairly dismissed. The amount will be whatever the tribunal regards as just and equitable in all the circumstances. However, in your case, the maximum they could give you would be _______________________ (being one year gross salary).

There are a number of heads of loss that the tribunal could award you for. Going through them briefly.

Loss of Earnings

You can claim for your loss of earnings. So this will be based on your net earnings at the time you were dismissed. This will start from the effective date of termination, which is the day after you were dismissed. And it will continue up to the point the tribunal sees fit.

Now I note that you have a new job which pays the same as your old job. So the effect of this is that you would only be able to claim for loss of earnings up to the point you started your new job.

Expenses

You can claim for the expenses you’ve reasonably incurred looking for new employment. So as you said …

Loss of Bonus

Another head that you can claim for is for the loss of your bonus, if you reasonably expected to receive it had you remained in employment. The fact that you received your bonus in the past …

Loss of Benefits

You can claim for any benefits that you reasonably expected to have but for your dismissal. So in your case that would include your … holiday entitlement, the company car …

Loss of Statutory Protection

You can claim for the loss of statutory protection. This is to reflect the fact that you won’t have the right to claim unfair dismissal in new employment for some time. 250 is what is frequently awarded for this right now.

Loss of the Right to Long Notice

You can claim for the fact that you didn’t get the notice period you would have been entitled to.

Manner of Dismissal

Employees can also claim for the manner of dismissal if the way in which it was handled makes them less acceptable to a future employer. However,

The fact you’ve...

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BPC Employment Law