There are several types of damages a Claimant may claim against a Respondent (their Employer) in the Regional Employment Tribunal.
Wrongful Dismissal – This is essentially a claim for breach of contract and can be brought in the Tribunal or the Civil Courts. Damages are the Employee’s Payment In Lieu of Notice (“PILON”) under their contract of employment (or the statutory minimum notice periods under the Employment Rights Act if there was no written statement of terms of employment), together with any further accrued benefits, such as performance-related bonus, sick pay and holiday pay. Damages are net of PAYE National Insurance and Income Tax deductions.
Unfair Dismissal – This is a claim under the Employment Rights Act 1996 and has two heads of damages: Basic Award and Compensatory Award.
The Basic Award is based on the Statutory Redundancy Formula which depends on the Employee’s age, length of service and final weekly net wage at the Effective Date of Dismissal. You can calculate your Basic Award using the Government’s online calculator: https://www.gov.uk/calculate-your-redundancy-pay
The Compensatory Award is intended to compensate a Claimant for Loss of Earnings while the find a new job of comparable salary as a result of the dismissal. There is a cap of the lower of the Statutory Cap (which is currently approx. £85K) or 52 weeks’ gross wages. There are also claims for Loss of Statutory Rights (such as if the employer did not provide the employee with a written contract or statement of terms) and the travel costs of attending interviews with prospective employers.
Discrimination – Finally, if the Claim involves Discrimination on the basis of a Protected Characteristic under the Equality Act, or Detriment to an employee who made a Protected Disclosure in the Public Interest of the employer’s malfeasance (Whistleblowing), a Claimant may claim additional damages for Detriment, Discrimination and Injury to Feelings under the Vento Guidelines. The damages will depend on the length and severity of the harassment and victimisation against the Claimant. This is quite a complex area, but there is useful advice on the ACAS and Citizens Advice websites.