If an employee has had a workplace related grievance and they have brought it to the attention of their manger or their employer and they feel that they have reached the conclusion of the company's own internal grievance procedures without a satisfactory outcome, then they may wish to bring their case before an Employment Tribunal. If their hearing proceeds through the whole Tribunal process, without the claimant withdrawing it or settling out of court, then the Tribunal will then make a legally binding decision on whether the claim has been successful.
If the Tribunal judges the claim to be justified then the panel of one employment judge and two 'lay' people will have three options open to them.
The Panel might decide that the employee should be reinstated in their former position because they were wrongly or unfairly dismissed, either by being made to retire early, or being the subject of unjustified redundancy or discriminatory behaviour. This option is not generally used because by the end of the Tribunal process their might exist significant bad blood between the employee and the employer or the employer has already replaced the employee with someone else.
Moving along these lines the Panel may decide that the employer should provide the claimant with another job in the same company. Again this option is rarely used because it may involve a pay cut for the claimant, or there may not be any positions that require the skills or experience that the claimant has.
The most common outcome of a successful Tribunal process is that the Panel decides to award compensation to the employee. This usually occurs in the case of unfair dismissal or unpaid redundancy payments. This compensation is calculated in much the same way as redundancy payments are, but there is the addition of a compensatory award to provide compensation for any financial losses that came as a result of the dismissal or lack of payments. The current ceiling for compensatory rewards in the UK is £65,300 plus £11,400 for the basic reward.
Compensation is the most common result of a successful claim made to the Tribunal because they not only provide reimbursement for any damages, but they also allow the claimant space to find new employment.
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