You don’t have to be represented to take a claim to the Tribunals and if you’re only owed a couple of days holiday pay, you probably don’t need a representative.
But the Tribunals are part of our legal system. They are presided over by Judges who are not there to hear your story and work out what laws may have been broken or what compensation they can award you. You have to say when you put your claim in, the type of claim it is, what laws you say have been broken and how you calculate your Schedule of Loss.
For example, if you believe you were discriminated against but didn’t put this on your claim form, even if the Tribunal agrees with you, they can’t award you any compensation. That’s one good reason to get yourself a good employment law specialist on your side.
If your claim includes loss of earnings, the Tribunal could award all of your losses plus another 26 weeks future loss, sometimes more. Or your ex employer could succeed in arguing about mitigation, contribution and a host of other legal stuff that could get your compensation reduced dramatically.
That’s another good reason for being represented by experts who know how to win your case and how to fight your corner for the maximum award a Tribunal could make in your case.
Here is a brief guide on how the compensation is worked out tribunal
The number of things to take into consideration is huge and the amount awarded largely depends on individual circumstances. Other contributing factors would be the limitations. Compensation for discrimination or dismissal related to health and safety for example is unlimited, although there are guidelines the Judge will take into account.
If you are claiming only for unfair dismissal, the award is made up of two parts. First, the basic award which is worked out on your age, time of service and your weekly wage. Second is the compensation award, which includes things like loss of earnings. This second part is set to a limit, which is reviewed every year.
In some circumstances, the Tribunal could order your ex employer pay you all of the back pay that you lost out on when you were dismissed and to give you back your job. If the employer fails to do this, the Employment Tribunal can make an additional award.
Other breaches of employment law and wrongful dismissal have an award limit of £25,000.
The process can become even more complicated if you have claimed Jobseekers Allowance or income support since the breach of contract.
In many cases, people might not realize that compensation is only intended to replace lost earnings; in other words, to put you back into the position you would have been in if you had not lost your job.
There are exceptions. In discrimination cases that you can get an award for hurt feelings, and there can also be additional awards if you were a whistleblower, for example.
How quickly you manage to find another job after you left or were dismissed can also affect your compensation. Reputable and experienced employment law specialists such as Your Employment Matters could help with your claim, and help you through the compensation minefield to make the most of your case.
For more information contact youremploymentmatters.co.uk today.