Real Employment Law Advice

Compensation for Unfair Dismissal – Loss of Statutory Rights

Compensation for Unfair Dismissal

As you will have seen from the earlier articles on compensation for unfair dismissal if you are successful in your claim for unfair dismissal the Employment Tribunal will make a decision about the amount of compensation that you should receive.

The compensation includes;

  1. Basic Award
  2. Compensatory Award

Loss of Statutory Rights

Within the compensatory award you can include a claim for the loss of your statutory rights. What this means is that you can claim compensation for the loss of your legal rights that you have accrued by working for the Employer.

In order to pursue a claim for compensation for unfair dismissal or to qualify for certain other employment rights you need to have been employed for a set period of time. With unfair dismissal it is now two full years before you can claim.

The Employment Tribunal recognises that when you are dismissed you lose those rights that you have gained and they will award you compensation for this.

The amount of the compensation for loss of your legal rights is not set out in law, but has developed over time and is generally between £300 – £400 depending upon which Tribunal you are at.

It is therefore recommended that you include a heading ‘Loss of Statutory Rights’ on your Schedule of Loss with a suggested figure of £400.

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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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