Remedy Hearing How compensation is decided after you win

Once the tribunal finds in your favour, a remedy hearing determines what compensation you receive. Learn how the tribunal calculates financial loss, assesses injury to feelings, and what evidence you need to prove quantum.

What is a remedy hearing in employment tribunal?

A remedy hearing is a follow-up hearing held after the tribunal has found in your favour on liability (e.g., unfair dismissal or discrimination proven). At this hearing, the tribunal determines what compensation, re-engagement, or reinstatement you are entitled to receive. The remedy hearing focuses on quantum (the amount of compensation) and any other remedies available under the law.

When is a remedy hearing held?

A remedy hearing usually takes place several weeks or months after the liability hearing. This gap allows time for the parties to gather evidence about compensation (pay records, medical reports, job-seeking efforts). The tribunal may direct parties to provide written statements and supporting documents in advance. The exact timing depends on the tribunal's schedule and complexity of the case.

What evidence is presented at a remedy hearing?

Evidence includes: pay history and lost wages calculations, pension and benefits information, medical reports (if personal injury is claimed), job-seeking records and evidence of efforts to mitigate loss, evidence of emotional distress and injury to feelings, witness statements about the impact of dismissal or discrimination, and the claimant's direct evidence under cross-examination about their post-dismissal situation.

How is compensation calculated at the remedy hearing?

Compensation for unfair dismissal comprises: basic award (statutory minimum related to service and age), compensatory award (actual financial loss and loss of earnings), and any uplift for ACAS breach. For discrimination, compensation is uncapped and includes injury to feelings (assessed using Vento bands), personal injury damages, and financial loss. The tribunal explains its calculations clearly in the remedy judgment.

What are Vento bands and how are they applied?

Vento bands are ranges for assessing injury to feelings compensation in discrimination cases. For claims presented on or after 6 April 2026: lower band (£1,300–£12,600) for less serious discrimination, middle band (£12,600–£37,700) for discrimination with some significance, upper band (£37,700–£62,900) for serious discrimination with lasting effects, exceptional cases above £62,900. The tribunal places the injury within a band based on the seriousness, impact, and duration of the discriminatory conduct.

Can the employer dispute compensation claims?

Yes. The employer can challenge the claimant's calculations and present counter-evidence. For example, if the claimant claims lost wages, the employer might argue the claimant should have found alternative work sooner or that their injury to feelings claim is inflated. Both parties can call witnesses and cross-examine the other side's evidence about quantum.

What is 'mitigation of loss'?

The claimant has a duty to mitigate loss — meaning they must take reasonable steps to minimise financial damage, such as actively job-seeking after dismissal. If the claimant sits idle and refuses reasonable job offers, the tribunal may reduce compensation. The burden is on the employer to prove the claimant failed to mitigate; the claimant must show they searched for work and the reasons any offers were rejected.

Are there remedies other than compensation?

Yes. The tribunal can order reinstatement (the claimant is given their job back on the same terms) or re-engagement (a different role with the employer on comparable terms). These orders are rare because employers and claimants rarely agree to continue a relationship. If neither is practical, the tribunal awards compensation instead. The tribunal considers whether reinstatement is practicable and the claimant's wishes.

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Employment Rights Act 1996

GOV.UK Employment Tribunals