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Is my schedule of loss correct?

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Hi,

 

Ive been given a date for my ET claim and ive got until the 28th December to send to the other party my schedule of loss and documents.

 

I just wondered if anyone could check to make sure ive got this correct!

 

I was suspended for 3 months, during my suspension I was paid £620 per month after tax, so that is what ive based my calculations on. (No tax or NI was shown on my payslips)

 

Dismissed on the 15th June and paid 4 weeks pay, which took me until the 13th July.

 

Started new job on the 28th October.

 

Total time unemployed is 3 months and 1 week. Based on my suspension pay this equates to £2170.

 

Holiday - For every month worked during the year, you gained 2 days annual leave. Holiday accumulated during this period - 7 days which equates to £217.

 

During the period of unemployment I claimed JSA @ £64.30 a week. This equates to £797.32

 

Adding the basic plus holiday minus JSA = £1589.68

 

A few months ago I did seek some advice from a soliciator and he said that I could also claim a basic unfair dismissal as well, which equates to one months salary - £620, would that be correct? If so, how would I word that on the schedule of loss?

 

Is there anything else I should be adding or subtracting? Didnt have a pension or a company car etc.

 

Also, My salary of my new job is lower then that of my old job. Difference of 55p per hour. Can that be accommodated into the claim?

 

Hoping to get this done ASAP because of the xmas post and the deadline at the end of December.

 

Any help greatly appreciated.


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im just working mine out too....

 

ive basically claimed for loss of wages from my dismissal to the ET hearing

This is based on average take home weekly pay - its shown week by week, + and -

 

ive also shown 1 month's wages as compensation for unfair dismissal.

 

Im not 100% sure, but i think you need to gross the figure up, as you'll need to pay HMRC 20% in taxes - i'm looking into that - im sure someone here will help.

 

My ET time was 22 weeks, and im claiming for £5206 in lost wages+1600 comp.

 

Dont be shy !

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Hi,

 

Thanks for your reply :)

 

When you say your claiming £1600 comp, whats that comprised of?

 

Is if for the ET to add extra amounts, or do I have to add them in my schedule?


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doh....the £1600 is a months wages - worked out from my p45, and is the figure on my ET3 - which my employer has agreed is correct.

 

I think the ET considers your schedule, and if it agrees, awards it, and if not, adjusts it, or if you loose, rejects it......

But again, im not really that sure !!!

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Aha, Got you!

 

So i'll claim when ive got in the first post, and also an extra £620 (one months salary)


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I think the ET considers your schedule, and if it agrees, awards it, and if not, adjusts it, or if you loose, rejects it......

 

My understanding is that the above is correct. You will need to be prepared to justify all the items you are claiming during the remedies hearing


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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i'd also say that doing it in excel is good, but be sure to show ALL your working out - so that the ET is clear on how you obtained the figures.

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Hi,

Thanks for your help :)

 

How would I go about claiming the difference in my hourly rate? I was on £7.05 and now im on £6.50 per hour.

 

How far in advance do I claim, or is it just up until the tribunal?


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ive claimed from the date i was dismissed, to the ET hearing...but becausei only worked there for 3 months, i havened chased after future loss of earnings.

 

dont be concerned with your hourly rate, use a bank statement, work out your average wage ( this should also be on your ET form!) from your old job, and your new job. multiply that by the number of weeks, or months, and you'll get a figure. this is take home pay - after tax.

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Hi,

As my hours varied, I was basing the figure on what I was paid during my 4 month suspension - £620 per month, however on these payslips no tax or NI was shown - Just the take home figure.

 

In relation to my new job, Ive only received one payslip so far. Its a zero hour contract and as I put in a lot of hours to try and make up a bit of money for xmas, I was only able to base future loss of earnings on the hourly rate - but im a bit stumped as to how far in advance I could claim the difference of .55p per hour.

 

So far ive typed up my schedule of loss which looks like this -

 

Schedule of Loss

Dismissed on the 15th June 2009 and paid 4 weeks pay until the 13th July 2009

 

Started new job on the 28th October 2009

 

Time between last payment and new employment is 3 months and 2 weeks.

 

During my suspension, my pay was £620 per month after tax and deductions. (Tax and NI were not shown on the pay slips so I’m unable to calculate figures before these)

 

£620 x 3 months and 2 weeks = £2170.00

 

During employment, holiday was calculated as 2 days leave for every month. This would equate to 7 days leave.

 

7 days leave = £217.00

 

Whilst unemployed I claimed JSA at £64.30 per week. Total claimed during unemployment - £797.32

 

Award for unfair dismissal = £620

 

Loss of Income - £2170

+

Loss of holiday- £217

+

Unfair dismissal award -£620

-

Job seekers allowance- £797.32

 

= £2209.68

Total Loss = £2209.68


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Hi,

 

Just a quick question.

 

All documents have to be exchanged by the 28th December. I sent mine off special delivery on Monday.

 

If I dont receive anything tomorrow by the employment company acting on behalf of my former company - what do I do? because of xmas if it doesnt arrive in the morning, it wont be here until after the 28th December.


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Generally a day or so delay should be allowed (remember you might need such leeway in further along the line.

 

If the delay has caused you to incur extra expenses you could ask that to be awarded against R.

 

Also you could ask for preparation time order, which is for R to pay for the additional time it has taken you ( at a rate set by the courts).

 

But generally, it is better to let it pass, and act only when the delays are lengthy or persistent.


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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Thank you.

I sent them a letter and receieved the bundle this morning.

 

Couple of questions -

 

1) Am I able to ask for additional documents? Time sheets and so forth?

 

2) There are quite a few documents they have included which are not relevant to my claim. As I did not know they would be doing this, am I able to send additional documents upon which to rely upon or am I now too late?


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Discrimination Claim Compensation £

Basic award £350.00 per week per years service £4550.00

Exit Fees only

Future loss of earnings £

Future loss of Pension £

Job Hunting Expenses £50.00

Future loss of pension £

Loss of Statutory Rights £300.00

Injury to Feelings £20,000.00 (Mid range in Vento)

Aggravated Damages £5000.00

Interest Injury to Feeling & Aggravated Damages £

Personal Injury (No Jurisdiction) £15,000.00 Moderately Severe

Interest on Personal Injury £

Costs of recommended cognitive therapy £1,225.00

Loss of Death in Service Benefit £76,696 £

Loss of Share Save Rights £

Holiday pay £

Loss of Performance Related Pay £

Failure to Comply with Court Order £

Failure to following the ACAS code of Practice £

Adjustment for Taxation £ items 1 to 19 subject to tax

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Hello MarkieMckelle.

 

I don't really understand your post, and it's a long time since our OP put anything on this thread. Could you explain please?

 

HB


Illegitimi non carborundum

 

 

 

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Hi HB

 

I am also going through a claim in the tribunal and the case is going to be heard on the 12th of July. They have already made an offer to settle the claim for 20k but I refused knowing that my claim is worth a considerable amount more.

 

They have the biggest firm of solicitors representing the but who cares not me.

 

I wanted to give people an idea what they can claim for in discrimination claims and other claims in the tribunal.

 

I have been researching employment law for about a year now and spent in the region of £400 on various books to assist me in my claim in the tribunal.

 

Like all claims I found they usually always settle at the last minute... which is rather annoying specially when you have prepared for the big crunch.

 

In my experience I have found the advice I have received from solicitors has been contradicting so I decided to research this myself.

 

Again in my experience I have found that they try and bully you...and would advise anyone representing themselves dont let them put you off....

 

Anyway must dash off to the court.....

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In my experience I would make you aware UNISON are not very good. I would never use their legal people no matter how big they are.

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