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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?
Can an employer dismiss an employee who has less than the service required to claim unfair dismissal without following its disciplinary procedure?
Is there anything that an employer can do if it misses the deadline for submitting a response to an employment tribunal claim?
What are the possible consequences of failing to follow the Acas code of practice on disciplinary and grievance procedures?
No. Grievance procedures should focus on resolving disputes with employees. A former employee might have a dispute with his or her ex-employer that could form the basis of tribunal or court proceedings, and the employer may feel that it is appropriate to engage in dialogue with the individual in the hope of resolving the issue. However, this does not require the use of a formal grievance procedure with a right of appeal.
Further, the way in which the discussions are handled will not affect the outcome of the case. For example, if an employee has resigned and is claiming constructive dismissal, the question will be whether or not the resignation was the result of a fundamental breach of contract by the employer before the resignation. How the employer behaves after the resignation - for example by refusing to meet the employee or discuss his or her complaint - will not affect the question of whether or not there was a constructive dismissal.
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