How is Compensation Calculated for Victimisation, Bullying, Harassment, and Unfair Dismissal After Whistleblowing in the UK?

Question from MBK, How is Compensation Calculated for Victimisation, Bullying, Harassment, and Unfair Dismissal After Whistleblowing in the UK?

Answer from AI:

Calculating compensation for victimisation, bullying, harassment, and unfair dismissal after whistleblowing in the UK can be complex. It involves several factors, including financial loss, injury to feelings, and potential aggravated damages. It’s important to note that this information is general in nature and may not apply to all situations. For personalised advice, consult with a legal professional.

Financial Loss

The first component of compensation is financial loss. This includes past and future loss of earnings, loss of pension, and other financial losses directly related to the dismissal.

• Past loss of earnings: This is calculated from the date of dismissal to the date of the tribunal hearing. It includes basic salary, bonuses, overtime, commission, and other benefits.
• Future loss of earnings: This is calculated from the date of the tribunal hearing onwards. It’s based on how long it’s likely to take you to find a comparable job.
• Loss of pension: This is calculated based on the loss of contributions to your pension scheme.

Injury to Feelings

The second component of compensation is for ‘injury to feelings’. This is awarded in cases of discrimination or harassment, including victimisation and bullying. The amount is determined by the Vento guidelines, which set out three bands of potential awards:

• Lower band: For less serious cases, where the act of discrimination is a one-off event.
• Middle band: For more serious cases, which do not merit an award in the top band.
• Top band: For the most serious cases, such as where there has been a lengthy campaign of discrimination or harassment.

Aggravated Damages

In some cases, you may also be awarded aggravated damages. These are awarded where the employer’s conduct was particularly malicious, insulting, or oppressive.

Unfair Dismissal

If you have been unfairly dismissed, you may also be entitled to a basic award, which is calculated based on your age, length of service, and weekly pay, up to a statutory maximum.

Whistleblowing

If you have been dismissed for whistleblowing, this is automatically considered unfair. There is no cap on the amount of compensation that can be awarded for unfair dismissal in whistleblowing cases.

Remember, calculating compensation can be complex and it’s important to get legal advice. You can find more information on the UK Government’s website or consult with a legal professional.