Schedule of loss for employment tribunal

[Wobbling_Wookie]

This is my first post on the consumer forums, so let me start by saying hi all and thanks for any advice that you can give me

 

Very quickly let me bring you up to date. I suffer with serious migraine problems, I used to only get these once every 3 to 5 weeks, however they completely knock me out, I am unable to walk, can't concentrate because of the pain, have no co-ordination, light and sound sensitivity and will occasionally pass out. I also suffer abdominal migraines which effectively confine me to the bathroom... no further explanation needed I think! lol

 

Basically I have been suffering with these since I was 13/14 years old, so for about the last 15 years. My current employer was advised by a previous employer that I suffered with migraine when I joined the company in 2000, and have a long history on my absence records of migraine and stomach problems (abdominal migraine was not diagnosed until late 2008). As a result of the amount of time off I have with migraine I breach my companies "trigger points" for absence, which are 4 occasions/14 days in a 12 month rolling period (I have done since the day I joined the company!). Anyway as a result I have been issued a first and then a final written warning, the latter being issued at the beginning of the year. I appealled the final warning and also lodged a greivance and greivance appeal on the basis of no reasonable adjustment being made for allowing me time off for migraine attacks (I suggested either discounting the migraine related absences for "trigger points" or allowing me to make up the time). No agreement has been reached and the case is going to tribunal, I am fairly confident that failure to make reasonable adjustments under the DDA can be proven.

 

However, one of the things the employment tribunal has asked me for is a schedule of loss. Since the date of the final written warning, sick pay has been stopped (although not SSP), I can prove that if I were not under a written warning I would still be in receipt of sick pay, so I am including this in the schedule of loss.

 

However, in previous years in order to avoid disciplinary and at the urging of local management I have often taken holiday instead of claiming a sick day. I intend to also include this in the schedule of loss. Do you think this would be acceptable?

 

Also, I have had to obtain a medical report from my GP for the tribunal at a cost of £50. Is this also claimable?

 

In addition to this is there anything else I could/should include in the statement of loss, for example damage to feelings or undue stress?

 

Thanks again for any help you can give me and apologies for the long first post!

[calconnor66]

Hi try this link, they have a contact section so perhaps you could seek advice directly from them as to the best courser of action. Employment Tribunal

[Wobbling_Wookie]

Thanks for the quick reply Cal,

 

Unfortunately I'm asking this question after already talking to the ET Judge, who wasn't particularly helpful in advising me what I could claim for!

 

Can anyone else help?

 

Thanks

Wobbling

[calconnor66]

try calling these they are free, and if you click the link you will find one near to where you live Community Legal Advice - free legal advice for residents of England and Wales, paid for by legal aid