Are you looking to claim compensation for unfair dismissal?

If you are successful in your claim for unfair dismissal, compensation (unfair dismissal damages) is the most likely outcome to be awarded to you. Unfair dismissal compensation (unfair dismissal damages) is made up of two components: a basic award which is calculated much like an entitlement to a redundancy payment (i.e. based on age and length of service), and a compensatory award which is based on the actual financial loss that can be attributed to your employer. The compensatory award is calculated as the difference between what you would have earned in your previous employment and any new income that you earn after your dismissal. The loss will be calculated up to the date of the hearing but there will normally also be an allowance for future loss as well if you remain unemployed or underemployed at that time.

Once you have an indication of how much compensation you are likely to receive from an unfair dismissal claim you will be in a better position to negotiate a settlement. Entering into a settlement for unfair dismissal compensation can mean avoiding protracted, costly and stressful legal battles.

It is also important to consider that legal costs are not ordinarily recoverable in unfair dismissal claims made through employment tribunals. On the contrary, you may be able to recover your legal costs in a successful wrongful dismissal case made in the civil court system. When calculating the benefits of legal action versus a settlement, you should consider how much your legal costs are likely to be.

If you are considering entering a settlement, also sometimes referred to as a compromise agreement, it is important to get legal advice. A compromise agreement generally sets out the terms and conditions on which you accept the settlement, first-and-foremost of which is that you agree not to pursue any legal action.

If you would like to obtain legal advice about unfair dismissal and unfair dismissal damages, Contact Law can put you in touch with a local specialist employment solicitor free of charge. So, if you have any questions or would like our help in finding local employment solicitors please call us on 0800 1777 162 or complete the web-form above.

Last Updated on 27/10/2011