Latest in Employment Law>Articles>What Remedies are Available to a Claimant Pursuing a Tribunal Claim of Unfair Dismissal?
What Remedies are Available to a Claimant Pursuing a Tribunal Claim of Unfair Dismissal?
Published on: 07/08/2023
Issues Covered: Dismissal
Article Authors The main content of this article was provided by the following authors.
Chris Fullerton
Chris Fullerton

What Remedies are Available to a Claimant Pursuing a Tribunal Claim of Unfair Dismissal?

When a claimant is completing their ET1 form, they are required to set out the remedy that is being sought in the event that the claimant is successful before the tribunal. There are three remedies available to the claimant under Article 146 Employment Rights (Northern Ireland) Order 1996 which are as follows:

  1. Reinstatement: through this remedy, an employee is reinstated and thereafter treated in all aspects as if they had not been dismissed. The employee will retain their continuity of service, pay, pension, seniority and any arrears of pay may be granted.
  2. Re-engagement: if this remedy is granted, the employee is re-engaged into a different job from what was formerly held, provided that the new job is comparable to the old job or is otherwise suitable employment. Whilst the terms and conditions of the employment may vary, the continuity of service with the employer is maintained.
  3. Compensation: for unfair dismissal, this remedy is comprised of two parts namely the basic award and the compensatory award which together make up the claimant’s schedule of loss:
    • Basic Award: the calculation for this is based on the employee’s age, their length of service and their gross weekly pay. The statutory maximum for this currently is £20,070. There are four ways in which this basic award can be reduced per Article 156 Employment Rights (Northern Ireland) Order 1996: unreasonable refusal by claimant of offer of reinstatement, claimant’s conduct, redundancy payment and designated dismissal procedures agreement.
    • Compensatory Award: the amount awarded shall be based on what the tribunal considers is just and equitable in all the circumstances, having regard to the loss sustained by the claimant in so far as that loss is attributable to the action taken by the employer. The statutory maximum for this currently is £105,915.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 07/08/2023