Unfair Dismissal Remedies
At DSM Legal, we value clear and effective legal advice that ensures our clients know exactly what to expect. This includes unfair dismissal claims, where it will be up to an employment tribunal to consider the appropriate remedy for your case.
This will involve finding the most beneficial way to resolve the issue, whether this is through reinstatement, re-engagement or compensation.
To find out more about unfair dismissal remedies, contact an employment law solicitor at DSM Legal. You can call us on 0845 009 0863 or complete our online enquiry form. Please provide as much detail as possible to enable us to pass your enquiry to the correct person to deal with.
How is Unfair Dismissal Resolved?
Reinstatement
If reinstatement is ordered then the employee will be able to return to their original job as if the unfair dismissal claim had never arisen. This may not always be appropriate, but it can often be the most effective way to move on and rebuild relationships. When deciding whether to make an order for reinstatement the employment tribunal will consider:
- Whether the employee wishes to be reinstated
- Whether it is practicable for an employer to comply with an order for
reinstatement
- Whether (in a case where the complainant caused or contributed to the
dismissal) it would be just to order reinstatement
Re-engagement
Re-engagement means that you will be employed in a role that is similar to the job you were dismissed from. The employment tribunal will consider the same factors as for reinstatement and their main priority will be to ensure that re-engagement will encourage amicable relations.
Your employer can refuse to reinstate or re-engage you, even if it has been ordered by the Employment Tribunal. If this occurs, then the tribunal will order your employer to award you additional compensation.
Compensation
There are many factors that can affect your compensation for unfair dismissal. This is why it is important to consult a solicitor to ensure you get the optimum amount for your claim.
Unfair dismissal compensation usually consists of:
i) A basic award - in most cases this will be the same as that of a statutory redundancy payment. For more information, take a look at our redundancy calculator.
ii) A compensatory award is the amount the employment tribunal considers to be just and equitable for the circumstances of your claim. This will be measured by losses that you have incurred due to your dismissal. The usual heads of compensation are:
• Loss of earnings
• Future loss of earnings
• Loss of use of company car
• Loss of benefits in kind
• Loss of reputation
• Pension rights
• Loss of statutory rights
Contact DSM Legal
If you would like to find out whether you may have an unfair dismissal claim, do not hesitate to contact DSM Legal. We can offer more information on unfair dismissal remedies and what to expect from an Employment Tribunal. Although we are based in Warrington, we also provide legal services to the whole of the Cheshire, Merseyside and Manchester area.
To arrange a meeting with our employment team, call us on 0845 009 0863, or fill out our online form.
This will involve finding the most beneficial way to resolve the issue, whether this is through reinstatement, re-engagement or compensation.
To find out more about unfair dismissal remedies, contact an employment law solicitor at DSM Legal. You can call us on 0845 009 0863 or complete our online enquiry form. Please provide as much detail as possible to enable us to pass your enquiry to the correct person to deal with.
How is Unfair Dismissal Resolved?
Reinstatement
If reinstatement is ordered then the employee will be able to return to their original job as if the unfair dismissal claim had never arisen. This may not always be appropriate, but it can often be the most effective way to move on and rebuild relationships. When deciding whether to make an order for reinstatement the employment tribunal will consider:
- Whether the employee wishes to be reinstated
- Whether it is practicable for an employer to comply with an order for
reinstatement
- Whether (in a case where the complainant caused or contributed to the
dismissal) it would be just to order reinstatement
Re-engagement
Re-engagement means that you will be employed in a role that is similar to the job you were dismissed from. The employment tribunal will consider the same factors as for reinstatement and their main priority will be to ensure that re-engagement will encourage amicable relations.
Your employer can refuse to reinstate or re-engage you, even if it has been ordered by the Employment Tribunal. If this occurs, then the tribunal will order your employer to award you additional compensation.
Compensation
There are many factors that can affect your compensation for unfair dismissal. This is why it is important to consult a solicitor to ensure you get the optimum amount for your claim.
Unfair dismissal compensation usually consists of:
i) A basic award - in most cases this will be the same as that of a statutory redundancy payment. For more information, take a look at our redundancy calculator.
ii) A compensatory award is the amount the employment tribunal considers to be just and equitable for the circumstances of your claim. This will be measured by losses that you have incurred due to your dismissal. The usual heads of compensation are:
• Loss of earnings
• Future loss of earnings
• Loss of use of company car
• Loss of benefits in kind
• Loss of reputation
• Pension rights
• Loss of statutory rights
Contact DSM Legal
If you would like to find out whether you may have an unfair dismissal claim, do not hesitate to contact DSM Legal. We can offer more information on unfair dismissal remedies and what to expect from an Employment Tribunal. Although we are based in Warrington, we also provide legal services to the whole of the Cheshire, Merseyside and Manchester area.
To arrange a meeting with our employment team, call us on 0845 009 0863, or fill out our online form.
Member of the Employment Lawyers Association
