It can be costly to employ people, but even more so when things go wrong! It’s fair to say that employment rights are very well protected in many areas, however the costs of getting it wrong are increasing massively year on year.

Each year we see the Tribunal Compensation Rates get reviewed and, more often than not, increase – often more than the rate of inflation.

The table below shows a selection of areas Employment Tribunals deal with, and the awards they can make:

Type of Payment Max Compensation (from 6 April 2019 – 5th April 2020) Max Compensation (From 6 April 2018 to 5th April 2019)
Limit on a week’s gross pay e.g. statutory redundancy pay £525 £508
Unfair dismissal basic award £15,750 £15,240
Unfair dismissal additional award (failure to comply with an order for reinstatement or re-engagement) £86,444 if lower, 52 week’s gross pay* £83,682 if lower, 52 week’s gross pay*
Breach of right to be accompanied 2 weeks’ pay, up to £1,016 2 weeks’ pay, up to £1,016
Breach of contract cases heard in the employment tribunal (not civil courts) £25,000 £25,000
Failure to consult over collective redundancies 90 days’ gross pay (no cap) 90 days’ gross pay (no cap)
Failure to inform and/or consult over a TUPE transfer 13 weeks’ gross pay (no cap) 13 weeks’ gross pay (no cap)
Failure to give statement of employment particulars 4 weeks’ pay, up to £2,100 (minimum 2 weeks’ pay, up to £1,050)  4 weeks’ pay, up to £2,032 (minimum 2 weeks’ pay, up to £1,016)
Breach of flexible working regulations 8 weeks’ pay (up to £4,200) 8 weeks’ pay (up to £4,064)
Discrimination (race, sex, disability, sexual orientation, religion or belief and age) No limit.

Compensation for injury to feelings can be awarded for discrimination

No limit.

Compensation for injury to feelings can be awarded for discrimination

*There is no limit on the compensatory award for unfair dismissal where the reason or principal reason for dismissal/selection for redundancy is:

  • For reasons connected with health and safety
  • That the employee made a protected disclosure (whistle-blowing)

If you need any further information on any other HR or Employment Law areas get in touch with our HR & Employment Law Expert, David Boland, on the details below:

David Boland
Managing Director
Direct Dial: 01942 292520
Mobile: 07786 376714
Email: david.boland@jshrsupport.co.uk