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Taking your unfair dismissal claim to an employment tribunal

Going to an Employment Tribunal

In unfair dismissal claims you must make the claim to an Employment Tribunal within the limitation period of three months less one day from the effective date of termination of the contract of employment.

What remedies are available?

If a Tribunal finds in favour of you it can order:

• Reinstatement - getting your job back with no loss of money or security;

• Engagement - getting another job with the same employer;

• Compensation - a basic award calculated in a similar way to a redundancy plus a compensatory award to compensate you for the financial losses incurred as a result of the dismissal.

The maximum compensation award is currently £66,200.00 (and updated every year), but unless the employee is a very high earner, it is rare for Tribunals to award this amount. Most will award for loss of earnings to the date of hearing plus a limited amount to compensate for future loss. Compensation may be increased or reduced if either party failed to follow the ACAS Code of Practice 1: Disciplinary and Grievance Procedures. Visit www.acas.org.uk for the Code of Practice

Interim Relief

In some cases, you can apply for interim relief to reinstate you pending the main hearing. This might happen, when the reason for dismissal was because of:

  • trade union or health and safety activities;
  • as a pension fund trustee;
  • acting in relation to union recognition; or
  • exercising rights to be accompanied to a disciplinary or grievance hearing.

An application for interim relief has to be made within seven days of the dismissal.

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