Average Employment Tribunal Awards

Unfair Dismissal

In unfair dismissal cases the award of compensation is split into two elements.

Basic Award:

This is calculated on the basis of the worker’s weekly salary, length of employment and age. The current maximum weekly salary allowed for the purposes of the calculation is £280.00. The maximum number of years service that can be taken into account for the basic award payment is twenty years complete service. The maximum basic award is currently £8,100.00. If an employee has received a Statutory Redundancy payment he or she will not also receive a basic award.

Compensatory Award

This is the compensation for net financial loss suffered by the Employee as a result of the dismissal and currently has a maximum of £55,000.00 for dismissals effective on or after lst February 2005. The compensatory award is made in addition to the basic award and the two can be added together to give the total amount of compensation.

The Employment Tribunals Service Annual Report 2003-04 confirmed that the average award for unfair dismissal during that year was £3375.00. Some 11% of the 40,927 claims made for unfair dismissal were successful at Tribunal although some 44% were settled through ACAS Conciliation and others settled by negotiation and where the amounts of compensation are unknown.

Constructive Dismissal

Compensation is calculated as for unfair dismissal claims.

Breach of Contract

The maximum that a Tribunal can award in a breach of contract claim is £25,000.00.
Some 17% of the 16,664 claims made for breach of contract were successful at Tribunal in the year 2003-04 with some 41% settled by ACAS Conciliation.

Sex Discrimination

There is no upper limit on compensation awarded for discrimination. With or without a dismissal a Tribunal can order damages for injury to feelings and can award personal injury damages for injury arising from acts of discrimination such as harassment. The average award for sex discrimination in 2003-04 was £5,425.00. More than half of the sums awarded represented compensation for injury to feelings.
Statistically 3% of the 10,254 filed claims for sex discrimination were successful at Tribunal hearing and 26% were settled by ACAS Conciliation.

Race Discrimination

Compensation is calculated as for sex discrimination. The average award in 2003-04 was £8410.00. More than half of the sums awarded represented compensation for injury to feelings. Statistically 4% of the 3117 claims made for race discrimination were successful at Tribunal hearing and some 38% were settled by ACAS Conciliation.

Disability Discrimination

Compensation is calculated as for sex discrimination. The average award in 2003-04 was £5,652.00. Less than half of the sums awarded represented compensation for injury to feelings. This is still a relatively new area of law with an increasing number of claims being issued. Statistically 4% of the 3925 claims made for disability discrimination were successful at Tribunal hearing in the year 2003/04 and 47% were settled by ACAS Conciliation.

Settling Claims

Overall some 69% of Tribunal claims were disposed of before a Tribunal hearing. Some 38% were settled by ACAS Conciliation and 31% were withdrawn although some of those will have been withdrawn after terms of settlement were agreed between the parties or their representatives.