Being taken to an employment tribunal

If you lose the case

If you lose, the tribunal can order you to do certain things depending on the type of case. Examples include:

  • giving the claimant their job back
  • paying compensation if you cannot give the claimant their job back
  • paying witness expenses
  • paying damages or loss of earnings

Pay compensation

Paying compensation is the most common outcome of a tribunal. There can be limits to the amount of money a tribunal can award. There’s no limit in cases of discrimination.

The tribunal usually works out the amount based on the financial loss the person has suffered as a result of your actions.

Interest is calculated from the day the judgment is received, but you will not have to pay interest if you pay the full compensation award within 14 days.

You can be taken to court and forced to pay. You can also be fined and named online by the government if you do not pay.

Pay back state benefits

You might have to pay back any Jobseeker’s Allowance, Income Support or Employment Support Allowance (ESA) that the claimant claimed while taking their case to the tribunal.

This is to prevent them from getting paid twice.

The tribunal and the Compensation Recovery Unit will tell you what you need to do and how much to pay.