confused! help!!

[stinkysrevenge]

Hi all,

 

HELP!! I've turned my schedule of loss into the respondent, who have come back and said the ET will not award for the following:

 

-loss of holiday pay

-loss of bank holiday pay

-loss of work (days in between last day after 4 week gardening leave and starting new contract, calculated at old pay rate)

 

Also, since I went from being a permanent employee to a contractor, I've also claimed for the following:

 

-Employer's NI (because as a contractor, this comes out of my pocket now)

-Payroll Company fees (to process my payroll)

 

Of course, they have said these too are not claimable.

 

Can anyone shed some light on what I can claim, and if I am claiming incorrectly?? I feel that a schedule of loss should include any loss that resulted from me not being in permanent employment any longer. Credit crunch being what it is, I took the first offer of any kind of work came my way to help mitigate my costs (as I needed a job!!).

 

They have also (once again) threatened to come after me for costs as well.

 

Any help would be much appreciated.

[honeybee13]

Hi there. This is not my area of expertise, but hopefully an expert will be along soon.

 

I don't quite understand though. You've sent your schedule of loss to the respondent. Is that the company you're in dispute with, or a solicitor, for instance?

 

I have heard about shedules of losses on this forum and thought they went to the tribunal, but could be wrong about that. If it's your ex-employer, are they qualified to judge what the tribunal will or won't allow?

 

Sorry if I've got the wrong end of the stick, but good luck with this.

[stinkysrevenge]

Hi honeybee,

 

Thanks for your reply! Sorry, should have been a bit clearer, but I'm really stressing out with all this....

 

I sent my schedule of loss to the ACAS Conciliator, who sent it on to the respondent. The respondent sent the reply back to ACAS, who in turn sent it to me.

 

I don't know what's allowed and what's not anymore! I just thought that I should put any loss/extra expense at the difference between my old job and my current contract.

 

Ex-employer have said they have had legal advice and I can't claim for anything on my schedule other than my loss of earnings, loss of employment rights (max £350) and another piddly little benefit I got while I was there.

 

I am confused.com

[honeybee13]

That sounds awfully convenient for them, doesn't it? I won't say anything but my own opinion, as I'm a newbie myself, but are they in danger of being judge and jury here? Have you seen their legal opinion in writing?

 

Don't worry about stressing, you're perfectly normal.

 

Any thoughts please guys?

[elpulpo]

Quite simply, Stinky - The Respondant would say that, wouldn't they!?

They're going to rattle their sabre as loudly as possible.

Ignore them. Ask for whatever you have lost by them (presumably) dismissing you, holiday pay, Bank holidays, that pint that your employer used to buy you at the end of your shift, anything.

Just concentrate on making sure you can display that you've done everything possible to mitigate your loss.

[honeybee13]

Thanks, Elpulpo, I thought I might be on the right track.

 

Good luck Stinky, don't be intimidated.

[stinkysrevenge]

Thanks so much for your help, I just don't have any experience with any of this and can't afford a solicitor. I've called ACAS and they've advised me to call the Tribunals office tomorrow for further advice.

 

I'm just really worried about them going after me for costs because knowing them, they would try.

 

but I really appreciate all the advice, makes me feel a bit calmer.

[elpulpo]

Thanks so much for your help, I just don't have any experience with any of this and can't afford a solicitor. I've called ACAS and they've advised me to call the Tribunals office tomorrow for further advice.

 

I'm just really worried about them going after me for costs because knowing them, they would try.

 

but I really appreciate all the advice, makes me feel a bit calmer.

Is your application a great big load of crap?

Is it completely without any foundation?

If not, I wouldn't worry.

[honeybee13]

Hi Stinky. I've read other posts on this forum that recommend ringing the tribunals office, so I think that's the way to go.

 

While you're talking to them, try to get clarification on costs and your worries. I'm not clued up on this, but your employers could just be threatening that as part of their argument to get you to give up.

 

You don't say what costs are worrying you, but if they're talking about a legal rep, they wouldn't need one if the case is as clear cut as they're saying, would they?

 

Please let us know what happens.

[madari]

Hi Stinky,

Dont get stressed, dont listen to what the respondents say.

Noone is going to as you put it..."go after costs".

 

You have done your statement of loss, and if there is anything wrong or right with it the tribunal will inform you [at the hearing]and direct you accordingly.you are not an expert and the tribunal know this.

 

Remember at a tribunal you are on an `equal footing` so dont worry about a thing other then winning your claim.

 

Good luck.

[stinkysrevenge]

hi again everyone!

 

Just a quick update... I've called the Tribunals office and they have said that its up to a judge to make the decision on what the award might be, so to not pay attention to what the respondent says.

 

I'm also going to write a letter to the Tribunal expressing my concern that the respondent keeps mentioning them going after me for costs as well (that bit worries me the most to be honest). I realise its a tactic to scare me off, and its working I must admit. But I will plug onwards.

 

I keep going from being petrified and emotional to being really peed off to be honest. To top it off, I've had to take snow days because I can't get into work, which means I won't get paid (2 days last week and hopefully only today, but tomorrow's not looking good either at this point), and after my work being shut for 7 working days over Christmas means I am horribly skint.

 

Sorry for the moan. And thanks again for all the advice and well wishes, it's really been a great help and comfort and I'm most grateful.

[elpulpo]

Yeh. Quite.

Remember, unless your claim is utter cobblers, you're safe.

Costs are ordered in no more than about 3% of cases.

[honeybee13]

Hi Stinky, I'm pleased the tribunals people were helpful and you feel a bit better.

 

I understand about the mood swings, but try to think 'don't get mad, get even'. They deserve it.

 

Please keep posting about any worries you have.

[madari]

hi again everyone!

 

Just a quick update... I've called the Tribunals office and they have said that its up to a judge to make the decision on what the award might be, so to not pay attention to what the respondent says.

 

I'm also going to write a letter to the Tribunal expressing my concern that the respondent keeps mentioning them going after me for costs as well (that bit worries me the most to be honest). I realise its a tactic to scare me off, and its working I must admit. But I will plug onwards.

 

I keep going from being petrified and emotional to being really peed off to be honest. To top it off, I've had to take snow days because I can't get into work, which means I won't get paid (2 days last week and hopefully only today, but tomorrow's not looking good either at this point), and after my work being shut for 7 working days over Christmas means I am horribly skint.

 

Sorry for the moan. And thanks again for all the advice and well wishes, it's really been a great help and comfort and I'm most grateful.

In your letter to the tribunal tell the tribunal that the tribunal make an order for you to put down a deposit of £500 if the ET thinks that your claim has no reasonable chance of success, [also tell the ET] that way you will know whether to proceed with the claim or not.

 

You have nothing to worry about regarding costs order against you,believe me.

[elpulpo]

In your letter to the tribunal tell the tribunal that the tribunal make an order for you to put down a deposit of £500 if the ET thinks that your claim has no reasonable chance of success, [also tell the ET] that way you will know whether to proceed with the claim or not.

 

You have nothing to worry about regarding costs order against you,believe me.

Why tell the tribunal to do that?

The tribunal might order that you make a deposit, you don't suggest they do so!?!

[madari]

No i can assure you that the tribunal will not make this order, i will put my house on it.

 

I will go as far as to say that if the tribunal make this order then i will put down the DEPOSIT myself......hows that?[i promise]

[elpulpo]

Tribunals do sometimes order that a deposit be made.......

[madari]

Tribunals do sometimes order that a deposit be made.......

Only when one party has behaved in a vextious manner [i suggest you read the `Tribunal rules and procedure`.the ET`s are bound by this and if an order is made [and i Know it wont] then it can be construed as an `error of law' which one can appeal against.......and as keeping costs down is also one of the rules, no tribunal is going to go down that road.

[elpulpo]

Only when one party has behaved in a vextious manner [i suggest you read the `Tribunal rules and procedure`.the ET`s are bound by this and if an order is made [and i Know it wont] then it can be construed as an `error of law' which one can appeal against.......and as keeping costs down is also one of the rules, no tribunal is going to go down that road.

I agree, Madari. But I don't understand why one would 'offer' to pay a deposit?

It would be like standing up in a criminal court, when being charged with an offence, and saying, "well, if you think I'm gulity of something, I suggest you remand me in custody!".

It does happen, at PHR, that one party's case is only allowed to proceed on the understanding that they will be liable for the other party's costs. Often, particularly if the applicant is evidently not someone of means, they are required to pay a deposit.

The reason the incidences of costs being awarded at ET are as low as they are is because in the majority of these circumstances, the Applicant withdraws their claim at that point.

There's no purpose in the Applicant offering. Let the Respondant argue for it if they so wish.

You'll notice that I've reassured the OP that they would only be liable for costs if their claim was wholly vexatious.