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In most cases, Employment Tribunal litigation is the last resort. The majority of employment disputes can be dealt with through negotiation and compromise. Even cases involving dismissal or constructive dismissal can often be dealt with without the need for litigation. However, when one or both sides are entrenched and unwilling to settle, it is necessary to take a case before the Employment Tribunal. Glanvilles solicitors have extensive experience of dealing with employment law litigation in the Employment Tribunal. Employer or employee, we always ensure that our clients have a full case plan from the outset, that costs are agreed beforehand.
Employees have three months from the effective date of termination to lodge a claim in the Employment Tribunal for claims of unfair dismissal and contractual claims. Employees also have three months from the date of a discriminatory act to make a claim.
Compensation for unfair dismissal in the Employment Tribunal is based on loss of earnings and currently capped at £74,200. Awards for a basic award is capped at £13,500. For claims of discrimination and whistle blowing, compensation is potentially unlimited. Awards for discrimination are generally made up by awards for injury to feelings and health, awards for loss of chance ,awards for aggravated damages and awards for loss of earnings Contractual claims are limited to £25,000 but this cap does not apply to claims for wages as the Employment Tribunal has sole jurisdiction to deal with wages disputes.
In order to have a claim for unfair or constructive dismissal the employee will generally have to have at least two year's service (for employees employed after 6th April 2012). There is no qualification period for claims of discrimination or any other claims arising from the employment contract such as wages.