This article considers the legal framework to use when determining appropriate damages in the Northern Ireland Tribunals for claims involving unfair dismissal (including constructive unfair dismissal).

For cases involving discrimination or detriment under Part VI of the Employment Rights (Northern Ireland) Order 1996 (the “1996 Order”), this article should be read together with our upcoming article on damages for discrimination.

Basic Award

A basic award is calculated on the basis of a week’s gross pay. The rules for the calculation of a week’s pay are set out at Articles 16-25 of the 1996 Order. For employees with normal working hours, a week’s pay will usually only include basic pay and guaranteed overtime. Other forms of overtime, bonus, expenses etc will