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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What are the likely ramifications for the employer if an employee succeeds in a claim of unfair dismissal?
What is the unfair dismissal basic award?
What is the unfair dismissal compensatory award?
By how much can a tribunal increase an unfair dismissal award where an employer refuses to comply with an order for re-engagement or reinstatement?
Are figures available on the amount of compensation awarded in unfair dismissal cases?
Can compensation for unfair dismissal include an element for injury to feelings?
If an employment tribunal finds in favour of an aggrieved employee, can it make a non-compensatory award in a discrimination case?
How is compensation for financial loss calculated by an employment tribunal in a discrimination case?
Can a claimant claim for "injury to feelings" when making a complaint of discrimination to an employment tribunal?
In what circumstances can a claimant receive additional compensation in the event of a successful discrimination case?
Is it possible for a claimant to claim compensation from an employer for indirect discrimination?
Can an employee bring a breach of contract claim in an employment tribunal?
What is the difference between wrongful dismissal and unfair dismissal?
Employees whose employment began before 6 April 2012 must have at least one year's service to have the right to claim unfair dismissal. The service requirement is two years for employees whose employment began on or after 6 April 2012.
Although employees who have been employed for less than the required time cannot claim unfair dismissal, where it is a term of the employee's contract of employment that the employer must follow a disciplinary or other procedure prior to dismissal, the employee will have a claim for breach of contract if the employer does not follow the required procedure. The employee may be able to claim damages for lost wages.
Employees do not need to meet the service requirement to claim discrimination, or unfair dismissal if the dismissal is for a specified unlawful reason (for example, a dismissal related to pregnancy, health and safety or payment of the national minimum wage).
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