Legal topic
Management Services Spring 2012
43 ion of your employment
redundancy and some other substantial reason. Even if it is established that the dismissal falls within one of these potentially fair reasons, the process of the dismissal must also be fair. An assessment of the process must be made, typically covering issues such as:
For misconduct dismissals – whether a reasonable investigation was conducted and whether the sanction of dismissal was a reasonable one. It may also be relevant to consider whether the ACAS Code of Practice on Discipline and Grievance Procedures has been followed.
For poor performance dismissals – whether you were warned as to your performance and given a fair opportunity to improve. It may also be relevant to consider whether the ACAS Code of Practice on Discipline and Grievance Procedures has been followed.
For redundancies – whether you were warned and consulted, whether there was an objective and fair selection process and whether alternative employment was considered.
If you have been unfairly dismissed, you will usually be entitled to a basic award depending on your weekly
pay, of up to £400 per week (as of 1 February 2011) for each year of employment multiplied by 0.5, 1 or 1.5 depending on your age (though not where a statutory redundancy payment has been paid) and a compensatory award based on your losses up to a current maximum of £68,400 (as of 1 February 2011).
A tribunal will set the compensatory award with a view to covering the time during which you are unemployed as far as it is just and equitable for it to do so. This will take into account the efforts you have made to fi nd another job.
An unfair dismissal can, however, result in a reduced or nil compensatory award if it is found unfair for procedural reasons alone and the Tribunal thinks a fair procedure would have made no real difference. There are also certain types of dismissal which are automatically unfair, like dismissal for maternity reasons or due to whistle- blowing. If such matters are the reason or principal reason for dismissal, there is no minimum service requirement or limit on the compensation.
ACAS Code of Practice on disciplinary procedures If your employer
unreasonably fails to comply with the ACAS Code, an
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