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While a finding that a dismissal was unfair may result in reinstatement, [19] compensation is limited to 6 months pay, [20] and employees are excluded from claiming in some circumstances, such as where the dismissal was a genuine redundancy or the former employee was not covered by an award and exceeded the high income threshold. [21] [22]
Compensation mainly consists of a "basic award" equivalent to statutory redundancy pay of, as at 2009, up to £10,500, plus a "compensatory award" for loss of earnings, statutory rights and benefits and for expenses, of up to £66,200, or unlimited where the dismissal was due to health and safety, whistleblowing or union work.
In 2002, the Court of Appeal ruled in a case brought by staff employed at Albion's Farington site in Lancashire, Albion Automotive Ltd w. Walker and others, [1] that a contractual term entitling employees to an enhanced redundancy payment could be implied into the employees' contracts of employment based on the employer's custom and practice.
The Redundancy Payments Act 1965 (c. 62) was an act of the Parliament of the United Kingdom that introduced into UK labour law the principle that after a qualifying period of work, people would have a right to a severance payment in the event of their jobs becoming economically unnecessary to the employer. The functions of the redundancy ...
The redundancy compensation payment for employees depends on the length of time an employee has worked for an employer which excludes unpaid leave. If an employer can't afford the redundancy payment they are supposed to give their employee, once making them redundant, or they find their employee another job that is suitable for the employee. An ...
Where an employee has had at least one year's service, the employer also faces a separate claim for severance pay (French: indemnité de licenciement). The amount is equal to 20% of the base monthly pay times the number of years' service up to 10 years, plus 2/15 of base monthly pay times the number of years' service greater than 10 years. [53 ...
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The ability for an individual to seek relief from unfair dismissal was first established in a statutory scheme in South Australia in 1972, [1] [2] followed thereafter by Western Australia, [3] Queensland, [4] New South Wales [5] and Victoria [6] in the early 1990s.