to have seen what they say they saw and how they remember details. An employee is rarely entitled to cross-examine accusers. A confession could still leave a dismissal unfair if the disciplinary procedure was defective, in fact the employer must always follow a fair procedure before dismissal for misconduct. If the employee is a trade union official the employer must consult a senior union leader, otherwise unfair dismissal is likely and there may easily be a suspicion that charges were trumped up. If a decision maker is a witness that may make dismissal unfair. Remedies Claims of unfair dismissal can only be brought before an employment tribunal. There are strict and very short time limits for claims of unfair dismissal. Normally a claim must be brought within three months of the last day of employment, counting the last day of employment as the first day of the three-month period. This rule is often summarised as "three months less a day". The claim must be lodged using the prescribed form ET1 which can be obtained from the Employment Tribunals Service. Employees may bring such claims themselves, either with or without representation. Solicitors and certain other representatives regulated by the Ministry of Justice may represent employees in Employment Tribunal proceedings. Trade unions may support employees' claims, and independent arbitration and conciliation services may be called upon. If the tribunal finds unfair dismissal it can order re-instatement (old job back) or re-engagement (new job), and/or compensation. Compensation Compensation mainly consists of a "basic award" equivalent to statutory redundancy pay of, as at 2009, up to £10,500, plus a "compensatory award" for loss of earnings, statutory rights and benefits and for expenses, of up to £66,200, or unlimited where the dismissal was due to health and safety, whistleblowing or union work. So even in an accidental unfair dismissal, the employer could be ordered to pay up to £76,700. If the employee adds a claim for breach of contract, up to a further £25,000 could be awarded, taking the total potential compensation to £101,700. Note that the 'Polkey deduction' principle applies: just because an employee has successfully claimed unfair dismissal does NOT mean that they will receive the full Compensatory award. It may be reduced to reflect the likelihood that there would have been a fair dismissal even if a fair process had been fully followed. On the principle that an employee should not be