Can I get money from the tribunal if they find my employer was wrong?
Quick Summary
Yes, if the tribunal finds your employer's treatment was discriminatory, they can award you financial compensation. This money is intended to cover your financial losses and is decided by the judge based on what is fair.
The situation
I am currently living in England and dealing with a really difficult situation at my workplace. About four months ago, in early January, I started noticing that my manager was treating me very differently from my colleagues because of my religious beliefs. It became quite obvious by February that I was being excluded from important team meetings and even missed out on a promotion I had worked hard for. I tried to resolve this internally by speaking to our HR department back in March, but they basically brushed me off and said there was no evidence of any wrongdoing. Because of this, I have decided to take the matter to an employment tribunal. I have already submitted my initial paperwork, but I am feeling quite anxious about what happens if the judge actually agrees with me. If the tribunal decides that my employer's behaviour was indeed unfair and discriminatory, am I actually entitled to receive any financial compensation for the stress and the lost wages from that promotion? I also want to know if there is a limit on how much money they can order my employer to pay me, or if the amount is just whatever the judge feels is fair?
Detailed Analysis
If the employment tribunal decides that your manager's treatment of you due to your religious beliefs was discriminatory, they have the power to grant you money. Under the law, if a complaint is found to be well-founded, the tribunal "may— ... b make an award of compensation to be paid by the employer to the employee"[1]. This means the judge has the authority to order your employer to pay you a sum of money as a remedy for the harm caused.
Regarding the amount, the judge does not simply pick a random number. The law states that "the amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances"[1]. This means the judge will look at your specific situation—such as the missed promotion and the exclusion from meetings—to decide what is fair. This compensation can cover your financial losses, such as the wages you would have earned from that promotion.
However, there is a limit to how much you can receive. The law specifies that the award "must not exceed the permitted maximum"[1]. This maximum is a specific number of weeks' pay set by the government.
It is important to note that while the tribunal can award money for financial loss, the exact calculation of your 'lost wages' from the promotion depends on proving exactly what you would have earned. Additionally, the law requires you to take reasonable steps to minimize your losses, a concept known as the duty to mitigate[2].
Statutory Citations
Legal Citation: Employment Rights Act 1996 § Section 63J — Remedies
"If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may— ... b make an award of compensation to be paid by the employer to the employee."View Official Legislation →
Legal Citation: Employment Rights Act 1996 § Section 63J — Remedies
"The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, but must not exceed the permitted maximum."View Official Legislation →
Legal Citation: Employment Rights Act 1996 § Section 27BO — Remedies
"In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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