Top 10 HR questions December 2022: unfair dismissal compensation

Employers facing an employment tribunal claim should understand the levels of compensation typically awarded in different types of case.

The top FAQ for December looks at the 2021/22 statistics for unfair dismissal compensation.

Statistics on compensation awarded in employment tribunals were published in December (having been unavailable for some time as a result of the tribunals switching to a new operating system). The statistics show the maximum, median and mean awards for different types of claim. For example, the maximum sex discrimination award in 2021/22 was £184,961, with a median award of £17,959.

Issues around long-term sickness absence also feature in the top 10 questions, including whether employees on sick leave can take annual leave or work for another employer and whether an employer can ultimately dismiss an employee because of their absence.

There are also questions on fixed-term contracts, including whether an employer has to give notice to an employee at the end of the fixed term or if they are dismissed early. This includes an explanation of the circumstances in which an employee on a series of short-term contracts can be deemed to be a permanent employee.

The top 10 HR questions in December 2022:

1. Are figures available on the amount of compensation awarded in unfair dismissal cases?

2. Can an employee take annual leave while on long-term sickness absence?

3. When can an employer dismiss an employee on the grounds of ill health?

4.. If an employee receives a payment in lieu of notice, will their annual leave entitlement accrue up to the termination date, or the end of the notice period?

5. Can an employee work elsewhere while on sickness absence?

6. Does an employer have to pay holiday pay to its casual workers?

7. Are long-service awards incompatible with the Equality Act 2010?

8. Are employees on fixed-term contracts entitled to statutory notice of their dismissal?

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9. If a fixed-term position becomes permanent, should it be offered to the current post-holder, or should the position be advertised first?

10. Can an employer require an employee to attend work if they test positive for coronavirus but are asymptomatic?
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