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Unfair dismissal compensation calculator

Written from primary sources · Editor-reviewed · Law current as of 25 September 2026
By the exitagreement.co.uk editorial team · Published 25 September 2026 · Last reviewed 25 September 2026 · 12 min read
10 primary sources cited on this page. How we check what is on this site

An employment tribunal that upholds an unfair dismissal claim and does not order your job back awards money in two parts. One is a formula anyone can run. The other is an argument about your loss, and it has a ceiling that most people have never been told is usually a year’s pay rather than the six-figure number in the headlines.

Basic award and compensatory award, side by side

Section 118 of the Employment Rights Act 1996 splits the award in two, and the halves behave differently in every row that matters.

The two parts of an unfair dismissal award, for dismissals on or after 6 April 2026
Basic awardCompensatory award
What it is forLength of service — a fixed formulaMoney actually lost because of the dismissal
How it is worked outAge bands × years × a week’s pay (s.119)What the tribunal considers just and equitable (s.123(1))
Week’s pay usedCapped at £751 (s.227)Not capped weekly — the cap is on the total
Maximum£22,530 (20 years × 1.5 × £751)The lower of £123,543 and 52 weeks’ pay (s.124)
Reduced byA redundancy payment already made (s.122(4)); conduct (s.122(2))Failure to mitigate (s.123(4)); contribution (s.123(6))
Acas Code adjustmentNoUp to 25% either way (TULRCA s.207A)
Needs you to prove a lossNoYes — payslips, job applications, new earnings

Figures from The Employment Rights (Increase of Limits) Order 2026 and the revised text of the Employment Rights Act 1996 on legislation.gov.uk, read 25 September 2026.

Unfair dismissal compensation calculator

Limits in force for dismissals on or after 6 April 2026. The result appears straight away.

Before tax. Used for the basic award and the 52-week limit.

0 to 25. Only if the employer unreasonably ignored the Code.

Key points

  • The basic award is arithmetic. Same age bands as statutory redundancy pay, a week’s pay capped at £751, at most £22,530.
  • The compensatory award is your proven loss, adjusted for mitigation, your own conduct and any Acas Code failure.
  • The cap is the lower of £123,543 and 52 weeks’ pay. Below £123,543 a year, the binding limit is a year’s gross pay.
  • Whistleblowing and health and safety dismissals are uncapped (s.124(1A)).
  • The Employment Rights Act 2025 removes the cap, but that section was not in force when we checked.

The basic award: the formula

This half does not care what happened next. It counts your service backwards from the effective date of termination and charges each full year at a rate fixed by your age during that year.

Employment Rights Act 1996, section 119(2) and (3)
In subsection (1)(c) “the appropriate amount” means— (a) one and a half weeks’ pay for a year of employment in which the employee was not below the age of forty-one, (b) one week’s pay for a year of employment (not within paragraph (a)) in which he was not below the age of twenty-two, and (c) half a week’s pay for a year of employment not within paragraph (a) or (b). (3) Where twenty years of employment have been reckoned under subsection (1), no account shall be taken under that subsection of any year of employment earlier than those twenty years.
Read the section on legislation.gov.uk

The weekly cap

The week’s pay that goes into the basic award is capped. For the 2026/27 year the figure in section 227(1) is £751, substituted by SI 2026/310. Someone on £1,200 a week and someone on £751 get the same basic award if their age and service match, which is why the basic award tops out at £22,530: 20 years years, all at the over-41 rate, at the capped week.

If you were made redundant

Employment Rights Act 1996, section 122(4)
The amount of the basic award shall be reduced or further reduced by the amount of— (a) any redundancy payment awarded by the tribunal under Part XI in respect of the same dismissal, or (b) any payment made by the employer to the employee on the ground that the dismissal was by reason of redundancy (whether in pursuance of Part XI or otherwise).
Read the section on legislation.gov.uk

So an unfair redundancy usually produces a basic award of nothing extra: the statutory redundancy payment has already paid it. The fight in those cases is over the compensatory award. How the age bands work, step by step.

A floor in a few cases

Section 120(1) sets a minimum basic award of £9,157 where the reason for dismissal is one of a short list, including certain health and safety reasons and acting as an employee representative or pension trustee. It is a floor under the formula, not an addition to it.

The compensatory award: the loss

Employment Rights Act 1996, section 123(1)
Subject to the provisions of this section and sections 124, 124A and 126, the amount of the compensatory award shall be such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the complainant in consequence of the dismissal in so far as that loss is attributable to action taken by the employer.
Read the section on legislation.gov.uk

“Just and equitable” gives the tribunal room, but the starting point is concrete: the earnings you have lost and will lose, the value of benefits such as pension contributions and a company car, and expenses reasonably incurred because of the dismissal (s.123(2)). This is why the calculator above asks for take-home pay rather than gross: the award replaces what you would have received.

You are expected to look for work

Employment Rights Act 1996, section 123(4)
In ascertaining the loss referred to in subsection (1) the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.
Read the section on legislation.gov.uk

In practice this means the award is built from evidence: the applications you made, the roles you were offered, and what the new job pays. Someone who stopped looking will be treated as if they had found work when they reasonably could have. Keep the records from the first week.

Your own conduct

Employment Rights Act 1996, section 123(6)
Where the tribunal finds that the dismissal was to any extent caused or contributed to by any action of the complainant, it shall reduce the amount of the compensatory award by such proportion as it considers just and equitable having regard to that finding.
Read the section on legislation.gov.uk

This is the reduction that turns a strong-looking claim into a modest one. A dismissal can be procedurally unfair and still be reduced heavily if the tribunal finds you contributed to it.

The Acas Code adjustment

Trade Union and Labour Relations (Consolidation) Act 1992, section 207A(2)
If, in the case of proceedings to which this section applies, it appears to the employment tribunal that— (a) the claim to which the proceedings relate concerns a matter to which a relevant Code of Practice applies, (b) the employer has failed to comply with that Code in relation to that matter, and (c) that failure was unreasonable, the employment tribunal may, if it considers it just and equitable in all the circumstances to do so, increase any award it makes to the employee by no more than 25%.
Read the section on legislation.gov.uk

The same section lets the tribunal reduce the award by up to 25% where it is the employee who unreasonably failed to follow the Code — not raising a grievance, for example. Section 124A of the 1996 Act applies the adjustment to the compensatory award, before any reduction for contribution.

The cap: £123,543 or 52 weeks’ pay

Employment Rights Act 1996, section 124(1ZA) and (1A)
The amount specified in this subsection is the lower of— (a) £123,543, and (b) 52 multiplied by a week’s pay of the person concerned. (1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A).
Read the section on legislation.gov.uk

Which limb applies to you

The two limbs cross at £2,376 a week, which is £123,543 a year. Below that, and that is most people, 52 weeks’ pay is the lower figure, so the most a tribunal can award for your loss is roughly a year’s gross salary however long you are out of work. The fixed figure only matters for people paid more than £123,543 a year.

Look at the fifth row of the worked examples below. Two years without work at £560 a week take-home is a loss of £58,240, and the award stops at £36,400 — a year’s pay at £700 a week gross.

When there is no cap

Section 124(1A) disapplies the limit where the dismissal is automatically unfair under section 100 (health and safety), 103A (protected disclosure — whistleblowing), or 105(3) and 105(6A) (selection for redundancy on those grounds). Discrimination claims are brought under the Equality Act 2010, where section 124(6) ties compensation to what a county court could award, and section 124 of the 1996 Act does not reach them. Why that changes the negotiation.

Which year’s figure

SI 2026/310 raised the limit from £118,223 to £123,543 from 6 April 2026. Article 4 keeps the old figures where the appropriate date falls before that day, and for an unfair dismissal award the appropriate date is the effective date of termination. Employment that ended in March 2026 is still capped at £118,223.

Worked examples

Generated from the same rules as the calculator, so the table and the tool cannot disagree.

Unfair dismissal awards for dismissals on or after 6 April 2026, before any settlement
ExampleGross weekBasic award Net lossYour capCompensatory Total
Age 30, 4 years, out of work 6 months£520£2,080£10,920£27,040£10,920£13,000
Age 45, 10 years, out of work 9 months£900£9,012£26,520£46,800£26,520£35,532
Age 52, 18 years, out of work a year£1,150£17,648£43,160£59,800£43,160£60,808
Age 52, 18 years, a year out, 25% Acas uplift£1,150£17,648£43,160£59,800£53,950£71,598
Age 38, 8 years, two years out of work£700£5,600£58,240£36,400£36,400 (capped)£42,000
Age 58, 25 years, senior role, two years out£3,200£21,404£202,800£123,543£123,543 (capped)£144,946

Illustrative round figures, not averages. Take-home pay entered by hand; no new job assumed; no reduction for conduct unless stated.

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What the Employment Rights Act 2025 changes

Employment Rights Act 2025, section 25(2) and (3)
In section 108 (qualifying period of employment)— (a) in subsection (1), for “two years” substitute “six months”; … (3) Omit section 124 (limit of compensatory award etc).
Read the section on legislation.gov.uk

Not yet in force

When we read section 25 on 25 September 2026, legislation.gov.uk annotated it as not in force at Royal Assent, with only a consequential subsection commenced. Acas states that the six-month qualifying period “will happen in January 2027 and is not yet law”. No commencement date for the removal of the cap had been published. Until it is commenced, the cap on this page applies, and the qualifying period for ordinary unfair dismissal is 2 years.

Why it matters now

A settlement offer is priced against what a tribunal would award. An uncapped compensatory award changes that ceiling for anyone whose loss runs past a year’s pay, which is why the commencement date is worth watching if you are negotiating across it.

From tribunal award to settlement figure

The number the calculator produces is what a tribunal could award if you won, proved the loss, and nothing reduced it. A settlement offer is that figure discounted for the chance of losing, for the time a hearing takes, and for the cost of getting there — and increased by what the employer gains from certainty and confidentiality.

Use it as the ceiling, not the ask

Start from the basic award, which is close to certain if unfairness is found, and treat the compensatory award as the part being negotiated. Where the dismissal also raises discrimination or whistleblowing, the cap on this page stops being the ceiling. What actually moves an offer · settlement agreement calculator.

Tax and timing

A settlement or award paid as compensation for losing the job falls under section 401 of the Income Tax (Earnings and Pensions) Act 2003, with the first £30,000 covered by section 403. How that works. And the claim has to be started within 3 months, after Acas early conciliation, which does not wait for negotiations to finish. If you resigned rather than being dismissed, the same awards apply to a constructive dismissal.

Common questions

How is unfair dismissal compensation calculated?

It has two parts under section 118 of the Employment Rights Act 1996. The basic award is a fixed formula: half a week's, one week's or one and a half weeks' pay for each full year of service depending on your age in that year, counting back at most 20 years, with a week's pay capped at £751. The compensatory award is what the tribunal considers just and equitable for the loss the dismissal caused you.

What is the maximum compensation for unfair dismissal?

For a dismissal on or after 6 April 2026, the compensatory award is capped at the lower of £123,543 and 52 times a week's pay. The basic award has its own maximum of £22,530. Some dismissals, including whistleblowing and health and safety cases, have no cap on the compensatory award.

Is the cap £123,543 or a year's salary?

Whichever is lower, so for most people it is a year's pay. Fifty-two weeks' pay only exceeds £123,543 for someone paid more than that a year.

Does a redundancy payment reduce unfair dismissal compensation?

Yes. Section 122(4) reduces the basic award by any redundancy payment made in respect of the same dismissal, and section 123(7) applies any excess to the compensatory award. You are not paid twice for the same years of service.

What is the Acas uplift?

If the claim concerns a matter covered by an Acas Code of Practice and the employer unreasonably failed to follow it, section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 lets the tribunal increase the award by up to 25%. An employee's unreasonable failure can reduce it by the same amount.

Is the cap on unfair dismissal compensation being removed?

Section 25 of the Employment Rights Act 2025 omits section 124, which is the cap, and cuts the qualifying period to six months. When we read it on 25 September 2026, legislation.gov.uk showed section 25 as not yet in force. Acas says the six-month change will happen in January 2027. Until commencement the cap applies.

Is unfair dismissal compensation taxable?

Compensation for loss of employment falls under section 401 of the Income Tax (Earnings and Pensions) Act 2003, and the first £30,000 is covered by the section 403 threshold. Anything that is really earnings, such as notice pay, is taxed in full.

How long do I have to claim?

Usually 3 months from the effective date of termination under section 111(2), and Acas early conciliation must be started first. The clock is short, and it keeps running while you negotiate unless early conciliation has paused it.

Sources cited on this page

  1. The Employment Rights (Increase of Limits) Order 2026 (SI 2026/310), Schedule
  2. Employment Rights Act 1996, s.118 — the two awards
  3. Employment Rights Act 1996, s.119 — basic award
  4. Employment Rights Act 1996, s.122 — basic award reductions
  5. Employment Rights Act 1996, s.123 — compensatory award
  6. Employment Rights Act 1996, s.124 — limit of compensatory award
  7. Employment Rights Act 1996, s.227 — maximum week’s pay
  8. Trade Union and Labour Relations (Consolidation) Act 1992, s.207A
  9. Employment Rights Act 2025, s.25
  10. Acas — Unfair dismissal

Every figure above was read from the source it is attributed to on 19 September 2026. How we check this.

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