Compensation is the main remedy in most Employment Tribunal claims.
Employment rights are either contractual or statutory in nature and the law has developed different ways of awarding compensation for the two types of rght.
Rights that arise from a contract of employment have their own principles for assessing loss. In general this will be that where a contract is found to be breached the party breaking the contract must pay compensation to put the other party in the same position they would have been if the contract had not been breached.
An example of this would be the contractual right to notice:
Where a right created by statute is in issue the loss that can be claimed for breach of that right will be defined by the legislation creating the right.
The legal right is defined by the legal provisions that create it and the consequences of breaching that right will be also be defined. The consequences are in general the right to a finding that the right has been breached and often financial redress for the party who has suffered loss.
An example of this would be the right to a statement of employment particulars:
Other employment rights have their own formulation of what compensation may flow from a breach of the right.
The important point is that you understand what losses can be compensated for any given breach of an employment right and whether they are limited in anyway.
Overlapping contractual and statutory claims
In many cases there will be a mix of contractual and statutory claims and the different principles of loss that apply to each must be differentiated e.g. between wrongful dismissal (a contractual claim) and unfair dismissal (a statutory claim).
Maximising the compensation is therefore a process of: