The value of your claim will, firstly, depend on the type of claim you are successful in. Generally, discrimination claims are more valuable (but more complex).

The amount you could receive will, secondly, depend on a number of factors, including the severity of your employer’s failings, your salary, the length of time you were employed for, how long you are out of work for and your individual circumstances. 

Ultimately, if you win your case, the Employment Tribunal should order your employer to pay you compensation. 

It is important to remember that even if you are successful in your claim, you may not receive the full amount of compensation you are claiming. This is because the sums an Employment Tribunal can only award for claims of unfair dismissal and breach of contract are capped and there are a number of other factors that the Tribunal may take into account.

What compensation can I get for unfair dismissal (including constructive dismissal)?

When you bring a claim for unfair dismissal, your employer must demonstrate that it had a fair reason to dismiss you, that your dismissal was a reasonable response, and that it followed the correct process. If it cannot satisfy a tribunal about those matters, you will win your claim for unfair dismissal.

If you win an unfair dismissal claim, you should be awarded:

The basic award, which is a statutory award based upon your length of service and age at the date of dismissal (or resignation in the case of a constructive unfair dismissal claim). 

The calculation is actually the same as that used to calculate statutory redundancy.

The compensatory award, which is compensation for your financial losses broadly based on the time you are out of work plus £350 - £500 for loss of statutory rights (you will need to be in new employment for two complete years until you accrue the right not to be unfairly dismissed again). The Tribunal will take your net weekly pay and determine a period of loss to calculate your compensation. The maximum amount the tribunal can award you for future loss of earnings is the lesser of 52 weeks’ of your pay or currently £105,707 as at May 2023. 

The amount the Tribunal awards may be discounted if it feels certain circumstances are present, such as, you are partly/wholly to blame for your dismissal, you failed to follows the ACAS code, you failed to mitigate your loss and properly look for another job or your dismissal would have happened in any event.

If you were not paid any notice pay, you may be able to add your notice pay (a minimum of one week’s pay for each year of service capped at 12 weeks or, if greater, your contractual notice) as a breach of contract claim (wrongful dismissal) on top of the cap.

As such, the value of your claim for unfair dismissal is very much related to your specific situation. Your losses should be set out in a schedule of loss.

Can I get compensation for stress at work?

You may be able to claim for stress at work if you can prove that your employer has breached its duty of care towards you, and this has caused you loss.

This means that your employer has failed to take steps to protect your mental health and wellbeing and, as a result, you have suffered stress or other psychiatric injuries. However, you may need (or be better advised) pursuing this claim through the civil courts for personal injury, rather than the employment tribunal. 

If you win your stress case, you can be awarded compensation for your injuries, as well as any financial losses you have incurred as a result of your employer’s negligence (such as loss of earnings).

To successfully claim for stress at work, you will need to be able to show that your employer knew or should have known that you were at risk of suffering stress-related injuries, and it failed to take steps to prevent this from happening. You will also need to be able to prove that the stress you have suffered has had a negative impact on your health and wellbeing. If you are unsure whether you have a case, speak to our specialist employment law solicitors today.

Can I get compensation if my employer has breached my contract?

If your employer has breached your contract, you may be able to make a claim for breach of contract, and the loss that you suffer as a result of its breach.

To successfully claim for breach of contract, you will need to show that your employer has breached one or more terms of your contract.

If you are successful in a breach of contract claim, the Employment Tribunal can order your employer to pay you compensation, subject to a limit of £25,000.

Can I get compensation for wrongful dismissal?

If you have been dismissed from your job wrongfully, you may be able to make an Employment Tribunal claim for compensation, but this will be limited to your notice period/pay only (a minimum one week’s pay for each year of service capped at 12 weeks or, if greater, your contractual notice).

You should therefore be able to easily calculate the value of a wrongful dismissal claim.

Often claims of wrongful dismissal are easier to win than unfair dismissal, as your employer needs to show you have seriously breached your contract for it to avoid paying you notice/salary etc.

Your claim will have a limited value as it is for notice only. If you are a high earner or have a long notice period, the Tribunal cap of £25,000 may be a factor so you may need to consider bringing your breach of contract claim in the civil courts instead.

Can I get compensation for unfair dismissal if I am a director of a company?

If you are a director of a company, and you have been dismissed from your job unfairly, you may be able to make an Employment Tribunal claim if you are an employee.  

In your role as Director, you are likely to be an ‘officer’ of the company. Employment tribunals do not have capacity to award compensation for loss of directorship, only employment.

Directors often also own shares and, if you receive a lower salary so your main pay comes via dividends related to your shares, the income from shares is likely to be ignored by the employment tribunal (as it is not salary). If so, you may find the value of your claim is very low reflecting the low salary you draw.

Can I get compensation for discrimination?

To successfully claim for discrimination, you will need to show that your employer discriminated against you, typically by showing that it treated you less favourably than another employee because of a protected characteristic (such as your age, disability, gender reassignment, marriage or civil partnership, pregnancy, race, religion or belief, sex or sexual orientation).

Claims for financial loss upon a successful claim of discrimination are subject to the same discounting rules as unfair dismissal except there is no cap, so in theory you may be awarded your entire financial losses until such time as you secure new employment. In addition, you will be entitled to an additional award for ‘injury to feelings’. The amount of award for injury to feelings will depend on what has happened, the severity of the treatment and the period over which it occurred. The more severe and/or the longer the period and effect, the greater the award.

Injury to feeling awards are made in accordance with the Vento bands following the principles set out in the Vento case, and the low, medium and high brackets for awards are regularly reviewed and increased. As at May 2023, the Vento bands are lower band £1,100 - £11,200; middle band £11,200 - £33,700; and upper band £33,700 - £56,200. If the discrimination has caused a personal injury (psychiatric injury) the award for injury to feelings may be increased. 

Can I get compensation for harassment or bullying?

If you have been harassed at work, you will firstly need to show that your treatment (harassment) was related to a protected characteristic (i.e. age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex or sexual orientation), as harassment can only be claimed as a form of discrimination. 

Secondly, you will need to show that your employer acted in a way that was intended to, or had the effect of, violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

The benefit of harassment claims is that it focuses on how you perceive the treatment, not how it was intended. As such, it means more weight is given to your evidence as a claimant.

Unless you can link the harassment to discrimination, show it caused a psychiatric injury and/or you resigned because of it (and can claim constructive unfair dismissal or wrongful dismissal), there is generally no free-standing claim for things like bullying.

As harassment is a strand of discrimination, so compensation is along the same principles as discrimination if the injury to feelings and loss of earnings flow from the harassment – see above  Can I get compensation for discrimination?

Can I get compensation for victimisation?

Victimisation is again a strand of discrimination, so compensation is along the same principles as discrimination - see above Can I get compensation for discrimination?

To successfully claim for victimisation, you will need to show that you were treated less favourably than another employee because you have made, or intend to make, a complaint of discrimination or harassment.

Can I get compensation for whistleblowing?

Upon a successful claim for being subject to a detriment during the course of your employment (such as being ostracised or denied promotion) for whistleblowing you will be entitled to an award for ‘injury to feelings’ and if applicable personal injury (psychiatric injury) following the same principles as discrimination – see above Can I get compensation for discrimination?

You may also be entitled to financial losses. If your claim is that you were unfairly dismissed or constructively unfairly dismissed for whistleblowing only, you will not be entitled to an award for injury to feelings or personal injury. You will be entitled to the basic award for unfair dismissal. However, unlike ordinary unfair dismissal, the compensatory award for future loss of earnings is not capped at the lesser of a years’ pay or £105,707 as at May 2023.

To successfully claim that you have been subject to a detriment for whistleblowing, there are complex hurdles to satisfy including you will first need to demonstrate that you brought to your employer’s attention information which in your reasonable belief showed or tended to show amongst other things, that your employer was, or is likely to act unlawfully and that you made the disclosure in the public interest. You will also need to demonstrate a causal link between making the disclosure and the detriment suffered.

Summary

Whatever claim you have, there is likely to be compensation that can be awarded. Each claim, and the value of it will be very much linked to your particular circumstances. In order to find out what claims you may have and what they might be worth, we suggest you seek expert advice from a specialist employment solicitor. 

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer 

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23