Help required, Schedule of loss for discrimination case ( race, religion discrimination/harassment)

[innocent123]

Dear All,

 

I have been asked by the employment tribunal to provide the schedule of loss for my claim of discrimination on the grounds of race and religion.

I need guidance how to prepare the schedule of loss. I am still employed and suspended on full pay.I am claiming the following:-

 

1. Injury to feelings.

2. Aggravated damages.

3. can i claim injury to health as I went through stress and anxiety, i was on anti depressants and my GP signed me off sick on for around 8 weeks.

 

If someone can send me a standard template, that would be great.

 

Many Thanks.

[innocent123]

I would really appreciate if some one can advise.

 

Regards

[postggj]

even though an et claim can be put in ime a bit concerned that the companies own internal investigation is still ongoing and has not yet been concluded

 

how long has the company grievance/discipline procedure been going on for

[innocent123]

Thanks for the reply.The internal performance and conduct procedure has been on going for last 9 months and still no decision has been taken.

[elche]

Hi innocent. I'm a little tired now but you would start the schedule like this:

IN THE CENTRAL LONDON EMPLOYMENT TRIBUNALCASE NO XXXXXXXXX

BETWEEN:

 

 

xxxxxxClaimant

 

 

and

 

 

xxxxxxxxxRespondant

 

 

SCHEDULE OF LOSS

• The Claimant commenced employment with the Respondent on or about the 15th October 2006
  
• The Claimant was dismissed on the 15th April 2009
  
• The Claimant was born on the 11th January 1964, and is 45 years old.
  
• As the Claimant never received any payslips, and as such is unsure of the correct net pay that should have been received, all sums have been expressed as gross figures.
  

A) Basic Award for Unfair Dismissal

 

 

The Claimant contends that she was unfairly dismissed, as on the facts as the Claimant presents them the Respondent could have no potentially fair reason to dismiss the Claimant and the Claimant did not resign.

 

 

Calculated as complete years of service multiplied by 1.5 as the Claimant is aged over 41.

 

 

2 years x £319 £638 (gross)

 

Gross basic award(A) £638.00 Gross

 

 

B) Unpaid Notice Pay

 

 

As previously stated at the time of her dismissal the Claimant had 2 complete years of service, and as such had a statutory entitlement to 2 weeks notice prior to dismissal.

 

 

The Claimant was dismissed on the 15 th April 2009.

 

 

The Claimant last received payment from the Respondent on the 15 th April 2009

 

 

The Claimant was paid a week in arrears and therefore the payment made on the 15 th April represented wages for the previous week.

 

 

Therefore the Claimant contends that she is owed 2 weeks notice pay. The Claimant did not have a contract of employment, and as such no Pay in Lieu of Notice Clause could exist. Thus to pay in lieu of notice is a breach of contract and the Claimant is entitled to this sum gross.

 

 

The Claimant's gross pay for 2 weeks is £638. It is noted that the Respondent has sent the Claimant a cheque in the sum of £380.52.

 

 

However, due to written stipulations that the Claimant would by cashing this cheque be accepting this in full and final settlement of all claims, the Claimant felt unable to cash this cheque and has not done so.

 

 

The Claimant therefore claims unpaid notice in the sum of (B) £638.00 Gross

 

You get the idea.

 

Go through each head explaiing how calculated then at the end add A +B etc etc

 

I'm too tired to do anything else -And in answer to point 3 I don;t think you could claim this although it might increase the I2F award slightly

Che

[MARTIN3030]

Excellent elche.

[SarEl]

Moderators - this thread is linked to others on the same subject - it would be helpful if they could be linked?

[innocent123]

Thanks elche, much appreciated.

 

Regards

[innocent123]

Hi every one .

 

I need your help once again just one question can I claim injury to feelings for RRA 1976 and Employment Equality Regulations 2003 separately and then add them to get the total as there were two acts of discrimination one comes under RRA and other comes under Employment Equality Regulation ( Religion or Belief ).

 

Looking forward to your advice.

Regards

[jonnycooper]

Hi every one .

 

I need your help once again just one question can I claim injury to feelings for RRA 1976 and Employment Equality Regulations 2003 separately and then add them to get the total as there were two acts of discrimination one comes under RRA and other comes under Employment Equality Regulation ( Religion or Belief ).

 

Looking forward to your advice.

Regards

 

 

Not sure if this will help but

 

Mr W Al Jumard v Clwyd Leisure Ltd & Others UKEAT/0334/07

 

Appeal against Tribunal’s approach to compensation for injured feelings where there were separate findings of race and disability discrimination. Held that the Tribunal had adopted too broad brush an approach in simply fixing a sum without any consideration of the different forms of discrimination. Where different forms of discrimination arise out of the same facts, a single award for injury to feelings is justified. But where there are specific acts which fall into one category but not the other, they should be separately assessed. At the end of the exercise the Tribunal must look at the total figure in the round to ensure that it is proportionate overall and does not involve double counting.

[innocent123]

Thanks Jonny,

[innocent123]

I have drafted a schedule of loss, please have a look and if there is a need to amend please advise.

 

Thanks for your co-operation .

 

 

SCHEDULE OF LOSS

__________________

 

Injury to feelings

 

RRA 1976 £6,000.00

 

Interest since 16/08/2010 @ 0.5 % £62.41

Till 4 May ( 268 days) ( Lower Band )

 

Employment Equality (Religion or Belief) £18,000.00

Regulations 2003 ( Middle Band )

 

Interest since 24/08/2010 @ 0.5 % £64.10

Till 4 May ( 260 days)

 

Aggravated Damages £6,873.49

 

Injury to health

Moderate Psychiatric Injury £11,000.00

 

Total £42,000.00

 

 

 

 

Grossing up £50,000.00

[elche]

Is that the actual schedule word for word?

 

CHe

[innocent123]

Hi Elche

 

yes it is word to word except some confidential case details. i am still employed and suspended on full pay for last 9 months so there is no loss of earnings .I will be attaching my sick notes for stress and anxiety with this. i will also be attaching the email exchange between me and my employer in which i raised grievance but they refused to hear it . I will also attach the questionare which was sent to my employer by me under RRA and Employment Equality Regulations but was never answered.

I went through a lot because of the discrimination and even got separated from my wife for 5 months and my children also suffered a lot. I do have emails from my wife's brother in which he recommended my wife a marriage councillor. Should i be attaching that please advise.

 

Regards

[elche]

Innocent,

 

I am just going out but briefly here is an extract from a schedule from 2009:

 

I) Injury to Feelings

 

 

The Claimant alleges that she suffered from discrimination that would fall within the mid range in Vento (no. 2)

 

 

£15,000.00

 

 

J) Aggravated Damages

 

 

£5,000.00

 

 

K) Interest on Injury to Feelings and Aggravated Damages

 

 

The Claimant alleges that the first act in a continuing series of acts of discrimination occurred on or about the 16th October 2007.

 

 

The Claimant therefore claims interest from 16/10/07 to the date of this provisional Schedule of Loss (7th September 2009)

 

 

£15,000 x 6% = £900

 

 

(900 / 365 x 694) £1711.23

 

Do you have a doctor's report which supports your allegation of psychiatric injury?

 

What on earth is 'grossing up'? - do mean to account for tax???

 

CHe

[innocent123]

Thanks Elche ,

 

I do have my sick notes with me, from my GP i remained on anti depressants for 3 months and still not 100%. Do i need a statement / report from my GP.

 

Grossing up was the term i read on internet which caters for 40% of tax deduction on any amount over £30,000.00

 

I do have emails from my wife's brother in which he recommended my wife a marriage councillor. Should i be attaching that please advise.

 

Your help is highly appreciated.

Regards

Nauman

[SarEl]

Ermm - the alleged injury was refusing to change a disciplinary hearing date from the day that Eid fell - a hearing date which was subsequently changed anyway. And a manager "embarassing you" by commenting that Eid in North America fell on 9th September. Where on earth do you get aggravated damages, and psychiatric illness from? Did your wife leave you because you were attending a disciliplinary on Eid? You are confusing the impact of a disciplinary in which the employer has 1300 pages of evidence against you with race / faith discrimination over a minor part of the process. No way are you going to get £50k ! You simply cannot claim that all this resulted from the details that you have already previously provided as to the very minor level of alleged discrimination. The disciplinary itself is not discrimination.

[innocent123]

Sarel,

 

I think you cant understand what i went through , i wish no one goes through that and it all started because of the discrimination and hearing on EID day was one episode and it continued for 7 months.Yes it did put me under stress and anxiety and was the main reason for my injury to health.I raised my grievance regarding discrimination but it was turned down and my employer failed to deal with my grievance.

 

Regarding disciplinary it has been 9 months and they could not decide the outcome as they have a very weak case with contradictory witness statements, i am not worried about that.

I think even £ 50k will not be sufficient for what i went through for last 8 months .I agree that i have posted very slim details of the case on the forum but there is a lot which i didn't post.

[elche]

Do i need a statement / report from my GP.

 

Yes I think you do. I think it unlikely any ET will make an award for a head of claim like this without some form of medical evidence.

 

In addition I think you need to check your maths - I don't make 42K + 40% £50,000 and in any event will you pay 40% on the whole award?

 

Finally, I think you need to expand the schedule a little in terms of a little bit of background to each head, and I do agree with Sarel that your figures seem high on the facts - but as you say there is lots of information you may not have posted so we'll just assume quantum.

 

Che

[SarEl]

I realise that you don't like this advice, but I am going to givve it you anyway:

 

Sarel,

 

I think you cant understand what i went through Do not make assumptions. You are not the only person in the world who may have allegedly suffered from racism.

, i wish no one goes through that and it all started because of the discrimination and hearing on EID day was one episode and it continued for 7 months. It is six months since Eid and it has not "continued" since then. Your posts on 17th January - in which you gave detailed statements of the alleged racist allegations and happenings, specifically asked you what other acts of discrimination you were alleging and you could only come up with a rather tenuous story from over a year previously. It has been explained to you that your claim is both risky and weak because you have interpreted the law as saying something that it does not say; and because the grievance was not ignored - it was answered - and simply because the answer does not accord with what you wanted to happen does not mean the same thing as ignoring it. And you failed to appeal that decision. If you attempt to claim that your marriage broke down, that you suffered psychiatric illness, and so on as a result of being refused Eid's day off (when you got it anyway), and submitting a claim for £50k you will be portrayed as a gold-digging vexatious claimant, and there is a risk that the tribunal may agree - which will inevitably colour their view of you.

Yes it did put me under stress and anxiety and was the main reason for my injury to health.I raised my grievance regarding discrimination but it was turned down and my employer failed to deal with my grievance. You seem to not understand this point - it was dealt with - it was turned down. You were quite properly told to raise it as part of your disciplinary hearing and any subsequent appeal.

 

Regarding disciplinary it has been 9 months and they could not decide the outcome as they have a very weak case with contradictory witness statements, i am not worried about that. You should be. They have 1300 pages of evidence against you, and contracdictory statements in themselves does not mean they have not got a case. Have they now continued with th ehearing? Because on the 17th Januray it appeared that it had been suspended as a result of your claim to the tribunal. This is not the same thing as not deciding an outcome.

I think even £ 50k will not be sufficient for what i went through for last 8 months .I agree that i have posted very slim details of the case on the forum but there is a lot which i didn't post.

 

You were asked whether you wanted help with the disciplinary and did not respond. But yet again - there is another timescale - 8 months. I know what you are doing, and I am telling you this for your own good. You are confusing the stress of a disciplinary investigation and hearing which started 9 months ago and is still ongoing (partially as a result of your actions) with a specific incident around a hearing date which coincided with Eid when initially scheduled. You see these things as connected - in law they are not. It is not discrimination to investigate someone or to bring disciplinary allegations. As you have pointed out, this process is not yet complete, and it is something which in its entirety the tribunal must ignore. They cannot substitute their own opinions for the employers as to whether that investigation should have taken place or whether a disciplinary was warranted. And since it has not resulted in dismissal and is not even completed, they will ignore all of this entirely. Your alleged case therefore rests solely on that one incident around Eid. Even if the tribunal agree with you, and it is by no means certain they will for the reasons I have explained to you here and in January, you will be lucky if you get £1k - certainly nowhere near £50k.