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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am thinking about taking my former employer to an

Resolved Question:

Hi,I am thinking about taking my former employer to an employment tribunal for unfair dismissal on a discriminatory basis. The first step in this process is to contact ACAS.ACAS has asked me what compensation I am seeking. Where is a good starting point to find this answer? What claims/damages can one bring against their employer.Will a tribunal not come up with a number or does the claimant need to make the number known before hand.Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Can you please explain what happened in more detail?

Customer: replied 1 year ago.
I was made redundant, but I know it was for discriminatory reasons. The company thought they could quickly get rid of me because I did not have 2 years service.I was there only one in the redundancy pool where there were 2 other people doing the same function.
They then opened a similar position in a different country. When I accepted the job, there was a verbal promise the position in the other country would be mine..Things went downhill when I told my boss, I had some mental issues (brother bipolar), and i thought I was going down the same route. Initially the job was supportive with counselling sessions, but I was quickly shown the exit after 3 months.They also did not pay me a proper bonus (its discretionary) but I feel other members of the team were paid much more.
Expert:  Ben Jones replied 1 year ago.

Thank you. It is down to you to provide the tribunal with a figure you are seeking as compensation and break it down for them to consider. They will then use this when they decide what award to make.

In an unfair dismissal and discrimination claim you will have the following parts:

1. Basic award – this is calculated in the same way as your statutory redundancy pay, which you can do so here: https://www.gov.uk/calculate-your-redundancy-pay

2. Compensatory award – these are losses you have incurred as a result of the unfair dismissal, so it will be loss of earnings like losses you have incurred from not being able to remain in a job. These can be ongoing until you find a new job or if you still have not found one – for a reasonable time until you would be expected to find one, so it can be a bit of a guess. You can include the bonus there as well

3. Compensation for injury to feelings – this is the discriminatory part of the award and serves to compensatory you for your injured feelings after you were discriminated.

This is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:

· Lower band - for less serious cases, for example an isolated incident or event (£600 - £6,000)

· Middle band - for serious cases which are not serious enough to fall within the highest band (£6,000 - £18,000)

· Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£18,000 - £30,000)

You can base your figure on the above factors and come up with something you can go back to ACAS with.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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