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UK Unfair Dismissal Cap Removal Could Increase Executive Dismissal Costs

The UK government has removed the £118,000 compensation limit on unfair dismissal claims, a change that could lead to higher costs for businesses dismissing executives.

  • The £118,000 compensation limit on unfair dismissal claims has been removed.
  • From January, the unfair dismissal compensation cap will be £123,543, or one year’s pay.
  • The reforms also include contractual bonuses, benefits, equity, and carried interest in redundancy packages.

The UK government has enacted the Employment Rights Bill, which includes the removal of the unfair dismissal compensation cap. This change, made to appease unions, could result in British businesses facing higher costs when dismissing executives compared to their European counterparts.

From January, the unfair dismissal compensation cap will be set at £123,543, or one year’s pay. Caspar Glyn KC, of Cloisters, stated that for the first time, dismissing someone in the UK could be more expensive than in countries like Spain, France, and Germany.

The reforms also encompass contractual bonuses, benefits, equity, and carried interest, potentially making future redundancy packages substantial. Merrill April, partner at CM Murray, noted in July that law firms have seen a "massive uptick in inquiries" from senior staff exploring legal options after being informed of impending dismissal.

Why this matters: The removal of the unfair dismissal compensation cap could make dismissing executives in the UK more expensive for businesses, potentially impacting employment decisions.

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