Recent P&O Employees Could Gain Thousands in Unfair Dismissal Claims

Ferry employee prior to their unfair dismissal
LLM, LPC & LLB (Hons) Shereen Murphy
Written by: Jessica Lee Legally reviewed by: LLM, LPC & LLB (Hons) Shereen Murphy Updated: In: Employment

P&O Ferries could face hundreds of unfair dismissal claims after a mass redundancy saw 800 of their long-serving crew without a job. Doubts have been cast over the legality of P&O Ferries’ plans to sack current employees, replacing them with cheaper agency workers.

What Grounds Do the Redundant Employees Have for Compensation Against P&O Ferries?

When carrying out the redundancies, P&O Ferries failed to carry out legal obligations.
For example:

  • P&O Ferries did not consult their employees about the dismissal during the statutory notice period.
  • P&O Ferries did not inform the business secretary of the dismissals. This is a requirement if a business is making over 100 employees redundant. It must also be done at least 45 days in advance of the redundancies.

The failure to inform staff of their upcoming redundancy means the redundant employees can make a claim for unfair dismissal.
Additionally, the failure to carry out the minimum consultation period means redundant employees could claim for a Protective Award.’

Read more about unfair dismissal claims to see if you’re eligible for compensation.

Steps to Take if You’ve Had an Unfair Dismissal

Being unfairly dismissed can have a large impact on your work and home life. At AWH we understand how important claiming compensation can be. If you believe you’ve had an unfair dismissal, here are some steps you can take:

  1. Appoint an Employment Solicitor
    Appointing an expert employment solicitor will significantly increase your chances of winning your case for unfair dismissal compensation. Our solicitors will assess your claim. In some cases, the dismissal will be deemed an ‘automatically unfair dismissal. This means your employer has no right to provide a defence against your claim.Read more about automatically unfair dismissals.
  2. Guidance from Our Employment Solicitors
    We will guide you through the process and ensure your claim is filed properly with the employment tribunal, giving you the best chance of the maximum possible award.
  3. Supporting You at the Employment Tribunal Hearing
    Our solicitors will help you prepare and collect evidence for your hearing. Throughout the tribunal hearing, we will support you throughout the day. Unfair dismissal cases can be complex, but our expert solicitors know exactly what to do, so you don’t have to worry.

Support from Our Employment Solicitors

Employment Solicitors for Unfair Dismissal Claims

Our expert employment law solicitors will handle your case on a no-win, no-fee basis to ensure you the best chance at success with the minimum stress and financial risk.

At AWH, our solicitors are fully qualified and have years of experience winning wrongful dismissal cases.

Our team will be there to support you when you need it most, fighting your corner to get you the result you deserve.

Get in touch

 

Frequently Asked Questions

Is There a Time Limit for Unfair Dismissal Claims?

You need to make your unfair dismissal claim within three months of your dismissal else you may risk the employment tribunal dismissing your case.

Do I Need to Have Worked for a Minimum Period Before I Can Make an Unfair Dismissal Claim?

Most cases can only be taken to the employment tribunal if you have been working for your employer for two years or more. However, if your case is deemed an ‘automatically unfair dismissal you can make your claim if you were employed for a shorter period.

How Much Can I Receive in Compensation for an Unfair Dismissal Claim?

Compensation for unfair dismissal is broken down into two different awards - the basic award and the compensatory award.

The Basic Award

The basic award is worked out in a similar way to redundancy payments. It depends on your age at the time of the dismissal, your years of service and your weekly pay.

If you are aged between 22 and 41, you could expect to receive a week’s pay for every year of service.
If you are 21 or under, you would receive half a week’s pay for every year that you were employed.
If you are 42 or over, your weekly wage would be multiplied by 1.5. You can only count up to twenty years of service when calculating this payment, even if you’ve been with the employer for longer. The maximum weekly wage that you can claim for has been capped at £508, as of April 2018.

The Compensatory Award

Your compensatory award is based on the wages and benefits you have lost because of the unfair dismissal.

The employment tribunal will make certain considerations, such as assessing how likely you are to find new employment and what financial perks you have lost.

The absolute maximum compensatory award currently stands at £83,682.