The Employment Tribunal will usually award loss of earnings, a sum called a ‘basic award’ which is similar to a redundancy payment and a small amount for loss of statutory rights. The Tribunal will not normally award compensation for injury to feelings unless the case involves race, sex or disability discrimination.
Legal aid is not available for representation in Employment Tribunals in England and Wales. Unlike the courts, Tribunals do not usually award costs against the losing side. If we consider that your case has a reasonable prospect of success, we may offer you a ‘no win, no fee’ agreement. If you win, we take a third of whatever we recover for you, before any deductions such as benefits paid by the Benefits Agency. Unlike many other firms, our part includes any VAT payable. If you lose, you will normally pay nothing. However, as we are taking a risk on your behalf, we reserve the right to withdraw the agreement and charge you at our full rates if you do not co-operate fully with us in the preparation of your case.
Normally, you need one year’s continuous service before you can make a claim for unfair dismissal. There are a few exceptions to this, such as certain dismissals on health and safety grounds. Discrimination claims on the grounds of sex, race and disability.
Unfair dismissal claims have to be submitted to the Employment Tribunal within three months less one day after the date that you were dismissed. Similarly, claims for race, sex and disability discrimination have to be brought within three months less one day of the discriminatory act complained of occurring.