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Old 9th Dec 2009, 17:08
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TopBunk
 
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Just so as it is 100% clear - it may be illegal dismissal and one may get an award in court, BUT there is NO compunction to re-employ the person or people illegally dismissed.

As an indication of the size of the awards I have cut & pasted two quotes from elsewhere:

1. "The absolute limit for unfair dismissal is £66,200

Unfair dismissal is in two parts, the first part is payment of lost income and follows a fixed formula
  • 1/2 a week's pay for each year worked before 22nd birthday;
  • 1 week's pay for each year worked between 22nd and 41st birthday;
  • 1 1/2 week's pay for each year worked after 41st birthday.
Any earnings over £380 per week are ignored

The second part is payment of compensation for dismissal. This is reduced if the ex-employee fails to find a new job in the interim and is purely for financial loss not hurt feelings."

and

2. "If dismissed in the first twelve weeks of protected industrial action the dismissal would automatically be deemed "Unfair", and the claimant would not have to prove this element of the claim.

The claimant would only be required to substantiate the figures relied on in the calculation of his claim.

Under these circumstances, whilst BA would have no defense to the unfairness element of the claim, they could challenge the second element of the claim (the amount and calculation of the compensatory award and the award for loss of Employment Rights) arguing that the dismissal was at least partly self inflicted, in that it was a deliberate breach of contract."

Aworked example would suggest a 42 year old purser with 20 years service on £30K basic might get ~£12K from part 1 - a long way short of £66k, and this after having to wait up to 2 years for their day in court!
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