Remedies Open to an Individual Claimant

Many of the sections on Key HR Facts make reference to the remedy or award available. This topic notes the less known awards that may be sought by an individual.

Another section notes the fines and other issues about which a Tribunal may decide to make an order. The latter however do not generally lead to an increase in compensation for the employee as, for example, fines are paid to the Government.

ACAS Code – Breaches of Principles

If an employer breaches an ACAS Code, this may lead to increased compensation for an employee. For example, when an employer fails to hold a disciplinary investigation or an appeal hearing.

Such an award only arises if a Tribunal decides, for example, that the employer has not allowed an appeal against a dismissal which is a breach of the ACAS code by the Employer. In such an instance, the Tribunal may increase the compensation awarded to the Claimant by 25%.

Note that an employee may incur a 25% reduction of the total award if the employee is found by the Tribunal to have made an unreasonable breach of an ACAS Code.

The above does not apply to redundancies nor to the expiry of or non renewal of a fixed term contract.

Accompanied to Formal Meetings ~

An individual has the right to be accompanied to a disciplinary or grievance hearing or a statutory request for flexible working.  The law defines a companion as a TU representative or a colleague from the individual’s workplace. 

Failure to allow an employee to be accompanied  = award up to £1,088  (£1,076).

TIP – Managers may wish to allow a vulnerable person to be accompanied by a friend or relative to help to ensure the individual has the opportunity to explain his/her facts about the issuesn nder consideration.  

Breach of Contract ~

Maximum award by an Employment Tribunal = £25,000.
Higher Awards may be made for claims brought in the High or County Court.

Failure to Agree a Flexible Working Request ~

A Tribunal may Order:

  • Reconsideration of the request and/or;
  • Compensation up to 8 weeks of pay – £4,352 (£4,304)

Trade Union Membership or Expulsion ~

A Tribunal may award compensation to an individual for the following action by a Trade Union.

Unjustified Exclusion or Expulsion ~

Range minimum £10,132 (£10,022) to maximum £88,519 (an award could be higher).

Unjustifiable Discipline by a Trade Union of a Member

The two grounds above can be made as separate claims but only one amount of compensation will be awarded.

Unlawful inducement re Membership, TU activities or Collective Bargaining –

A mandatory amount must be awarded – minimum £4,294  (£4,193)

Unfair Dismissal – Compensation

There are a range of headings under which particular losses of earnings or rights may be awarded compensation sums by a Tribunal. The amounts are noted under the relevant sections in Key HR Facts. Often there is loose talk about what compensation can be awarded but as a caution – any case will depend on the facts that can be proven or give the Tribunal grounds for believing the employee’s or the employer’s case.

The compensation will need to be set under various headings in a document known as the Schedule of Loss. That may include some or all of the following headings of loss or compensation but it will depend on the nature of the case. The amounts are noted in other sections of Key HR Facts.

  • Basic award – calculated similar to redundancy pay
  • Compensatory award – this will usually contain a range of headings to match the nature of the case, for example: loss of earnings, loss of pension contributions, loss of future earnings, loss of statutory right (having accrued 2 years service in the last job), injury to feelings and so on.
  • Additonal award – only awarded in particular circumstances such as a failure to:reinstate or re-engage the employee if ordered to do so in an unfair dismissal; failure to consider a flexible working request or a failure to inform or consult on a TUPE transfer.

Within the headings, a reduction should be given for any sums received that have reduced the loss and proof for many of headings will be required.

Employees should also note that if they have been receiving benefits, the DWP may be entitled to seek recovery of certain amoungs for any compensation. That is usually dealt with between the DWP and the Tribunal Office.

Written Particulars of Employment – Incorrect or None Provided ~

Failure to Give a Written Statement of Particulars – an individual may request a Tribunal to determine all the particulars which should have been issued or only to determine one or more of the particulars.

Award – a failure alone does not give rise to a monetary award by a Tribunal but it may do if there is also another breach of an employment right as then the failure may be taken into account by additional compensation of:

2 weeks pay £1088 (£1,076) or, if just and equitable, 4 weeks pay  £2,176 (£2,152). for not giving a statement of particulars of employment..