Compensatory Awards

   

The following provides useful information on the current rates and limits of tribunal awards:

Failure to give written statement of particulars (commonly known as a contract of employment)

£950 - £1900 (2 - 4 weeks’ pay capped at the statutory amount)

Limit on a week’s pay for calculating redundancy and unfair dismissal basic award

£475

Maximum basic award for unfair dismissal and statutory redundancy payment (30 weeks' pay subject to the limit on week's pay)

£14,250

Minimum basic award for unfair dismissal on trade union, health and safety, occupational pension scheme trustee, employee representative and on working time grounds only.

£5,807

Maximum compensatory award for unfair dismissal (this is unlimited for certain automatically unfair dismissals, for example health and safety or whistleblowing)

£78,335*

Additional award for failure to comply with reinstatement or re-engagement order.

£12,350 - £24,700 (26- 52 weeks’ pay maximum)

Limit on guarantee payments (e.g. in relation to lay-off clauses)

£26 a day (maximum £130, being five days in any three month period.)

Minimum compensation for employees excluded/expelled from trade union

£8,868

Redundancy - failure to conduct collective consultation  (protective award)

90 days' gross pay (maximum)

TUPE - failure to consult

13 weeks' gross pay (maximum)

Failure to allow right to be accompanied correctly

£950 (two weeks’ pay capped at the statutory amount)

Breach of flexible working regulations

£3,800 (eight weeks’ pay capped at the statutory amount)

Contract claims (If a claim for breach of contract (wrongful dismissal) is brought in an employment tribunal the most the tribunal can currently award is £25,000. If the claim is for more than £25,000, it can be made in the county court or high court).

£25,000

 

Employment tribunals can now levy a financial penalty on employers found to have breached an employee’s employment rights

 

up to a maximum of £5,000

 

The maximum civil penalty for illegally employing an immigrant

 

£20,000

Discrimination claim under the Equality Act 2010

 Unlimited

     

(*or one year's gross pay, if lower.)

 

Note:  data courtesy of the Chartered Institute of Personnel and Development

      

 

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