Why is it that some tribunal awards cost employers tens of thousands of pounds when other employers only have to pay a couple of thousand pounds?
In two recent cases one employee was awarded £5,000 and the other got £35,000. Why is this? Both employees lost their jobs and both of them were ‘hurt’ by the treatment they received from their employer.
It was nothing to do with the Employment Judge, or the strength of the case – both employees won, both were treated badly, both got other jobs!
So why did one employer have to pay so much more?
The answer lies in WHY they were dismissed. Simply put, some reasons ‘cost’ more than others. The circumstances could have been exactly the same but, in one case, the ‘reasons’ behind the employer’s treatment related to a ‘discriminatory’ factor and, in the other, it did not.
That factor added £30,000 to the award.
It is never good to lose an employment tribunal claim – but losing £5,000 is one thing; losing £35,000 is another!
Discriminatory factors are not just sex, race, pregnancy etc. They include disability, age, sexual orientation and gender issues. It is vitally important that you and your managers understand whether you are risking a £5,000 claim or a £35,000 claim when you dismiss someone.
If you want to protect yourself from more costly claims, email us at knicol@workplacelegalsolutions.co.uk or pick up the phone 07595 369485.
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