Shop Assistant Awarded 2 Years’ Salary for Discriminatory Dismissal

When Jimmy came to see me after he was dismissed from his job I advised him against bringing a claim for unfair dismissal. And that decision has now paid off handsomely.

Because Jimmy has now been awarded 2 years’ salary for the claim arising from his dismissal-a discrimination claim under the Employment Equality Act 1998, not the Unfair Dismissals Act 1977.

Let me explain why we made this decision.

I was confident that Jimmy was unfairly dismissed, but if he is successful in his unfair dismissal claim under the Unfair Dismissals Act 1977 he is only entitled to financial loss. Because Jimmy obtained a new job quickly after his dismissal, he would only have been entitled to 1 month’s wages if he was successful with an unfair dismissal claim.

However, if Jimmy could prove a discriminatory dismissal, he could be awarded up to 2 years’ salary, regardless of whether he got a new job or not. Because the award under the Employment Equality Act 1998 is for the act of discrimination and the WRC adjudicator has wide discretion as to the amount to be awarded, assuming he wins his case.

Read the full blog post, and decision here.

Kind Regards
Terry Gorry
http://EmploymentRightsIreland.com

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