Help with schedule of loss

[ngozika1]

I am making an ET claim and have been instructed to submit a schedule of loss by Monday 3rd October. The case is for unfair/wrongful dismissal and according to the judge at the pre-hearing, there's also a strong element of discrimination. I have been asked to prepare the schedule of loss to cover these. I was earning £21,000pa and was entitled to at least 1 week's notice pay which was not given. I was dismissed in March 2010 and didn't get another employment till 4 months later. The job paid me a lot less than my previous employment so I had continued to look for another job and never really got anything permanent. Just a few hours a week and up till date, I'm still looking for a job. How do I calculate my schedule of loss to incorporate all that. How do I also calculate the feelings part for the discrimination? What documents would I need to tender in support of my loss claim?

 

PLEASE I NEED URGENT HELP!!

[skaatiii]

I know exactly where you are coming from - I had this problem last week. First - dont panic, I know it sounds stupid but you will tend to make mistakes if your uptight. OK, the advice I have been given is - break it down. First work out what your weekly pay was and show how it was worked out i.e. 30k divided by 52 weeks... Work out how many weeks you were unemployed and state that amount (remember to also add up the unemployment amounts you received as you can take this off at the end as mitigated losses, will help!) right so now work out how much less you earnt per week since you found work... add this up So you should have something like 8wks @ 350.00 12wks @ 100.00 - if you earnt 100.00 less per week in your new job. Just continue like this til you get to today. You're right the difficult bit is the feelings etc... Do you have evidence of the discrimination? Are your career prospects compromised because of the dismissal? obviously there is the impact on your work record... How long had you worked there? How much notice should you have received - what was in your contract? all these things can be claimed. Ill see if I can dig out the blog on 'feelings' i read and will post it when i find it. Hope that helps a bit. Im sure someone more qualified to help will respond soon.

[ngozika1]

Thanks Skaatiii. Yes I have evidence of this discrimination which was already established by the tribunal judge at the prehearing. It actually affected my zeal and willingness to search for similar employment because it made me feel unqualified for such jobs. So I would say it affected my career prospects. Because I wasn't even given a contract, I had to revert to the statutory provision which is 1 weeks pay in lieu of notice. That also wasnt given. Do you know if I need to provide any more documents apart from evidence to show I was actually actively seeking employment? It's quite daunting because I'm representing myself as I cannot even afford a legal representative. Your reply has been helpful. I hope you can also help with the feelings bit.

[skaatiii]

HI Im in the same position i.e. self representing. At this stage for the schedule of loss - you simply need to evidence what you are claiming. i.e. if you were earning x per week provide a payslip - claiming unemployment - a copy of the award notice. etc... How long had you worked there? How has the other party justified not having given you a contract? still looking for that 'feeling' blog ss....

[papasmurf1cx]

Injury to Feelings are divided into 3 elements of seriousness. Look up the case of Vento and the criteria to see where you fit in to them.

 

Then ask for the amount in the next element above where to think you may get. The judge will either agree or apportion the ITF where he thinks fit in any event. Ask also for the figure to account for inflation from when the guidelines were written.

 

Is there an element of Personal Injury eg depression anxiety or the like? You may need a medical report to ensure that the condition is evidenced.

[skaatiii]

Thanks Papasmurf The Vento case was what I was trying to find.

 

If you google it theres a great deal of information online to view. Gives you a good idea of the 'value' of injury to feelings. Hope thats helpful.

 

PS sorry for the late reply - I got sidetracked adding more info to my paperwork!

[ngozika1]

Thanks papasmurf1cx for that. I have googled the vento case and I think I can work around it. I don't really have any medical evidence to support any adverse effect though but it did affect me a lot.

skaatiii Thanks too. No your reply is not late. I have till Monday to do the calculations. I also heard that the loss of earnings should be calculated based on net pay. so does that means i work out the weekly amounts based on net annual pay right?

Thanks a lot both of you.

[skaatiii]

Re: Net pay - Thats probably something else ive done wrong lol I based mine on gross pay

[stinkysrevenge]

Also in your schedule of loss, don't forget to include any holiday time you would have accrued had you still been empoyed (if applicable) as well as the monetary value of any other benefits you may have had.

 

When I did my schedule, I went from permie to contract work, so calculated in the difference in pay (because I earned less as a contractor than a permie), plus the cost of my umbrella company, as well as employer's NI contributions as I had to pay those as well (since I was a contractor). I wouldn't have had to pay either if I was still permie and in employment with the company.

 

It's up to the tribunal as to what you get and what you won't, and as long as you have evidence of the breakdown of your costs, you should be ok I think.

 

Good luck!