How relevant are benefits payments to employment tribunal cases? Michael Salter & Chris Bryden report
The government announced it is determined to move more than one million people off benefits. However, the prevailing economic situation, which has resulted in the demise of such large chains as Woolworths, Adams and Zavvi, as well as the large number of small businesses which go under everyday, may mean that the reversal of reliance on benefits hoped for by the government is unachievable, and is likely in fact to result in an increase in the number of people claiming benefits.
The quantum of benefits received by a claimant in an employment tribunal claim is relevant to the determination of the amount of any award made, as benefits will be taken into account. When dealing with compensation for unfair dismissal, the calculation of the basic award should be relatively uncontroversial and is merely a matter of mathematics. However, more difficulties arise when assessing the compensatory award. Given the likely rise in the number of claims involving dismissal and the lack of prospects for
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