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Commentary

A. Introduction to Compensation: The Basic and The Compensatory Awards

Division DI Unfair Dismissal
| Commentary

A. Introduction to Compensation: The Basic and The Compensatory Awards

| Commentary

15.ÌýÌýÌýÌý Remedies for Unfair Dismissal—Compensation

Contributing Editor

JONATHAN BRAIN BA

Employment Judge; Recorder (Civil)

In the vast majority of cases orders for reinstatement and re-engagement are not made and compensation is the only remedy granted.

Compensation is assessed under two heads.

First, there is the 'basic award' which is calculated in most (but not all) cases in the same way as a statutory redundancy payment. The basic award is designed to compensate the employee for the loss of job security caused by the unfair dismissal. We look at it in detail at paras [2503]–[2523.01]. We will consider the computation of the basic award, the exceptional cases where it is differently calculated from the norm, reductions which the tribunal may make to it and how payments made by the employer upon termination may impact upon the award.

Second, there

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