British Airways - CC Industrial Relations & Negotiations

[jackcat]

For those of you who are saying you can be sacked for taking legal strike action , well you can be sacked however it is automatically deemed unfair dismissal in law and the relevant compensation paid which I believe is around £78000, not a huge a amount but better than the nothing some would have us believe.

Take a look at direct.gov.uk for accurate information

If you win
The Employment Tribunal can order your employer to pay compensation. The compensation is unlimited for discrimination or dismissal on health and safety grounds.
For unfair dismissal claims the award is made up of:

• the basic award, worked out based on your age and length of service
• a compensatory award, up to a set limit reviewed every year (although the maximum is rarely awarded)

The Employment Tribunal can make an additional award on top of the two awards above. This is awarded if it orders your employer to re-employ you but your employer does not.
Up to £25,000 can be awarded for wrongful dismissal or other breaches of contract.
Recoupment

If you have claimed Jobseeker's Allowance (JSA) or Income Support (IS) since the event, recoupment may apply to your case.
Recoupment prevents double payment. It means your employer may deduct some or the entire amount you claimed in JSA or IS from the compensation awarded to you by an Employment Tribunal and repay it to Jobcentre Plus.
This rule applies when an Employment Tribunal makes an award of money for unfair dismissal and if applicable, for your employer's failure to:

• make a payment in the case of compensation for redundancy
• pay your wages during a period of medical or maternity suspension
• pay a 'protective award' to you if you are made redundant, or about be made redundant
• consult workplace representatives in collective redundancy situations

Compensation

Compensation is intended to replace lost earnings. There is no payment for hurt feelings, except in discrimination cases. You have to demonstrate to an Employment Tribunal that you tried to reduce your loss, for example by getting another job or claiming benefit.
Employment Tribunals look at whether you and your employer followed the principles in the Acas Code of Practice on disciplinary and grievance procedures (the Code).
If you have not followed the Code, it does not automatically make you or your employer liable (legally responsible) before an Employment Tribunal. However, an Employment Tribunal can adjust your compensation award by up to 25 per cent if they consider that you or your employer behaved unreasonably.