A remedy hearing is the second stage of an employment tribunal case where a claim has succeeded. The merits have been decided in favour of the claimant; now the tribunal needs to decide what compensation should be awarded. Understanding what happens at a remedy hearing, what evidence matters and how to prepare can significantly affect the financial outcome.
This guide explains how remedy hearings work, what compensation is available and how to prepare your case.
A typical employment tribunal case follows this path:
In some cases the liability and remedy hearings are combined. In others, they are listed separately. Larger or more complex cases usually have separate remedy hearings.
For unfair dismissal claims, the basic award is calculated using a formula based on the claimant's age, length of service and weekly pay. It mirrors the statutory redundancy payment.
The compensatory award is the substantive financial loss the claimant has suffered. It includes:
There is a statutory cap on the compensatory award for unfair dismissal (currently 52 weeks' pay or a higher cap that changes annually). The cap does not apply to discrimination claims.
For discrimination claims, the tribunal can award compensation for injury to feelings. The Vento bands set indicative ranges:
The bands are updated periodically and increase with inflation.
Available in discrimination cases where the conduct of the respondent has been particularly aggravating.
Where the respondent's conduct has caused a psychiatric injury, the tribunal can award damages similar to those a civil court would award.
Interest is awarded on injury to feelings and personal injury awards in discrimination cases, and on past financial loss.
Where the respondent has failed unreasonably to comply with the ACAS Code of Practice, the award can be increased by up to 25%.
In limited circumstances, the tribunal can impose an additional financial penalty on a respondent who has acted with aggravating features.
The tribunal confirms what was decided at the liability hearing and identifies the issues for remedy.
The claimant usually gives evidence first about their loss. The respondent may give evidence in response (for example, about job opportunities the claimant should have taken).
Each party is cross-examined on their evidence.
Each party makes submissions on the amount of compensation.
The tribunal may give its decision on the day or reserve it for later.
The Schedule of Loss is the central document at a remedy hearing. It sets out the claimant's claim for compensation with detailed calculations.
A well-prepared Schedule of Loss covers:
Past loss is calculated from the date of dismissal to the date of the remedy hearing. For each pay period, the claimant calculates:
Net figures are used (after tax and national insurance), though larger amounts may need to be "grossed up" to allow for tax on the award.
Future loss is harder to calculate because it depends on what would have happened in future. The tribunal considers:
Has the claimant found similar employment? If not, why not? When are they likely to?
How long until the claimant returns to equivalent earnings? This can range from months to years.
Local employment conditions, the availability of similar roles, the claimant's skills and experience.
Job applications made, interviews attended, training undertaken, medical evidence of any continuing impact.
Pension loss is one of the most technical elements. The two main approaches are:
Calculate the lost employer contributions to the pension over the period of loss.
Use the Ogden Tables or similar to calculate the present value of the future pension entitlement that has been lost. This is appropriate for defined benefit pensions or where the loss is significant.
The Tribunal Pension Loss Guidance provides a framework for assessing pension loss in different scenarios.
The claimant must take reasonable steps to mitigate their loss by looking for new work. Failure to mitigate reduces the award. The respondent may argue:
Claimants should document their job search carefully: applications made, responses received, interviews attended.
The Vento bands provide indicative awards. The tribunal will consider:
One-off incidents are usually in the lower band; sustained patterns in the upper.
Evidence of the emotional impact, often supported by medical evidence in serious cases.
Longer-running discrimination usually attracts higher awards.
Public humiliation, malice, or specific aggravating circumstances can push the award higher.
Payslips from the respondent (showing what was being earned), payslips from any new employment, P60s, contracts.
Records of applications, interviews, rejections, training undertaken.
Statements showing the position with the respondent and any new pension arrangements.
Where injury to feelings or personal injury is claimed.
The Schedule should be updated close to the hearing to reflect current figures.
At a remedy hearing, the respondent will usually:
Many cases settle between liability and remedy. The respondent may prefer certainty to a contested remedy hearing. The claimant may prefer a settled amount to the risk and stress of further proceedings.
Settlement at this stage often produces a result somewhere between the parties' positions on remedy. Both sides can usually predict the range of likely outcomes.
A vague or incomplete Schedule undermines the claim. Detail and clear calculations matter.
Without records of job applications and other mitigation, the tribunal may infer inadequate mitigation.
The Schedule should reflect the position at the date of the hearing, not the date of the original claim.
For significant injury to feelings or personal injury claims, medical evidence usually supports the claim.
Claims for many years of future loss usually require strong evidence. Tribunals are cautious about long-term loss.
Remedy hearings can determine awards ranging from a few thousand pounds to many tens of thousands. The work involved in preparing properly is significant. Specialist barrister representation is often a worthwhile investment.
A direct access barrister with employment law experience can prepare the Schedule of Loss, advise on the evidence needed and represent you at the hearing. For unfair dismissal claims in particular, our guide on unfair dismissal covers the broader picture.
If you would like a specialist barrister to look at your employment matter, we can usually arrange a fixed-fee quote within 24 hours. There is no obligation at any stage and the initial enquiry is free. Submit your case and our team will be in touch.