Schedule of Loss??

[jimijain]

Plz plz guys help me with advice or post me any previous link that dealt with ' SCHEDULE of LOSS'!!

 

I do urgently need to provide a schedule of loss to my employer as the ET directs. I am sure you guys need some information as to my circumstance.

 

I raised claims for unfair dismissal along with disability/race/ religious discrimination. I have to submit a schedule of loss next week.

 

I was in the company for several year and was entitled to company pension.

 

I will be very grateful for your advice.

 

Thank you all in advance.

[citizenB]

I will flag your thread for those who might be able to help.. however, if you pop Schedule of Loss in the advanced search facility at the top right of the screen you might find something a bit quicker

[rebel11]

Hi jim

 

Here's some info:-

 

http://etclaims.co.uk/tag/schedule-of-loss/

[jimijain]

thank you!

[jimijain]

thanks CiTi. I will do that..

 

would appreciate more views from all of you!

[lbruk]

Hi,

 

Your schedule of loss should be split into sections. For Example

 

1. Background information

2. Unfair Dismissal

a) Basic Award

b) Compensatory Award

3. Total

4. Future Losses

5. Sex Discrimination

6. Disability Discrimination

7. Religious Discrimination

 

Within each section you should write out what you want.

 

The basic award is calculated weekly earnings (max £400 if you claim was before 01/04/2012 - £430 if after) x Number of years worked over the ages of 22. Plus half of weekly earning x number of years while under the ages of 22.

The compensatory award is loss of earnings/loss of pension/loss of benefits/ difference in pay up to the tribunal date if you have a new job.

Total= add that lot together

Future losses, normally set to about 6 months but can be more or less depending on the tribunal decision. 26 weeks is fine though.

 

Discrimination Payments

 

when i did mine i did it like this

 

5. Sex Discrimination

a) Injury to feelings, will leave to the tribunals discretion but would suggest mid-range of Vento, £15000

b) Losses in sections 2 and 3 as above

c) Interest on all applicable payments.

 

Repeat that for each discrimination claim, in case the tribunal does not hold any of you discrimination claim as applicable.

 

Just submit your own figures where necessary.

[jimijain]

Hi,

 

Your schedule of loss should be split into sections. For Example

 

1. Background information

2. Unfair Dismissal

a) Basic Award

b) Compensatory Award

3. Total

4. Future Losses

5. Sex Discrimination

6. Disability Discrimination

7. Religious Discrimination

 

Within each section you should write out what you want.

 

The basic award is calculated weekly earnings (max £400 if you claim was before 01/04/2012 - £430 if after) x Number of years worked over the ages of 22. Plus half of weekly earning x number of years while under the ages of 22.

The compensatory award is loss of earnings/loss of pension/loss of benefits/ difference in pay up to the tribunal date if you have a new job.

Total= add that lot together

Future losses, normally set to about 6 months but can be more or less depending on the tribunal decision. 26 weeks is fine though.

 

Discrimination Payments

 

when i did mine i did it like this

 

5. Sex Discrimination

a) Injury to feelings, will leave to the tribunals discretion but would suggest mid-range of Vento, £15000

b) Losses in sections 2 and 3 as above

c) Interest on all applicable payments.

 

Repeat that for each discrimination claim, in case the tribunal does not hold any of you discrimination claim as applicable.

 

Just submit your own figures where necessary.

 

 

Wonderful!! indeed its going to be very helpful.

thank you very much..

[jimijain]

@ IBRUk. Just to clarify myself do I have to repeat sections 2 and 3 under all discrimination headings or it will be enough to say once???

[citizenB]

@ IBRUk. Just to clarify myself do I have to repeat sections 2 and 3 under all discrimination headings or it will be enough to say once???

 

Hi, If I understand the statement below correctly - you should repeat JIC they discount one of your claims HTH

 

Repeat that for each discrimination claim, in case the tribunal does not hold any of you discrimination claim as applicable.

[becky2585]

Generally good advice given above.

 

A couple of points -

 

1) don't include interest. You can't claim it, and a Court will only award interest after a Tribunal judgment has been unpaid for six weeks and enforcement action has commenced, so it's pointless.

2) you can only claim one injury to feelings award, so you can't claim three separate Vento awards, if you see what I mean. it's worth making clear the three separate claims though, nonetheless.

[lbruk]

Yes repeat it in all section of the discrimination, as if any get struck out then you are covered with the rest.

 

@becky it was my understanding that in discrimination, interest is payable back to where the discriminating event happened?

[jimijain]

Thank you all for your thoughtful advice!

 

I am wondering should I compile claim under discrimination like below:

 

personal injury

 

Injury to feelings

 

psychiatric damages

 

or they all mean the same???

[lbruk]

Injury to feelings and psychiatric damages are the same. Personal Injury is different.

 

Did you state on the ET1 claim form or the schedule of issues that you would be claiming personal injury?

[lbruk]

Remember to set out your calculations as well though, obvious put in your details and not use the actual calculations i have done here! But this is how mine was set out.

for example

 

1. Background Information

a) Date of Birth

i) xx/xx/xxxx

b) Age at effective date of termination

i) 32

c) Number of continous service with respondent

i) 16

d) Gross Pay before dismissal: (before tax and NI)

i) £xxxxx.xx pa (per annum)

ii) £xxxx.xx pm (per month)

iii) £xxx.xx pw (per week)

e) Net pay before dismissal (after tax and NI)

i) £xxxx.xx pm

ii) £xxx.xx pw

 

2)Unfair Dismissal

a) Basic Award

i) 0.5x£400x5=

ii) 1x11x400=

b) Compensatory Award

i) Past Loss of earnings

1) Loss of pay (£xxx.xx x 13) = £xxxx.xx

2) Loss of notice pay (£xxx.xx x notice period) = £xxx.xx

ii) loss of statutory rights

iii) Loss of health insurance

iv) Loss of employer pension contributions

v) loss of personal pension contributions

vi) Loss of extended notice pay

 

3) Total

 

4) Future Losses

a) For a period of time that the tribunal see's fit

i) difference in salary @ £xxx.xx pw

ii) difference in pension structure @ £xx.xx pw

iii) medical costs @ £xx pw

 

5. Sex Discrimination

a) Injury to feelings, will leave to the tribunals discretion but would suggest mid-range of Vento, £15000

b) Losses in sections 2 and 3 as above

c) interest on all applicable payments.

 

5. Disability Discrimination Discrimination

a) Injury to feelings, will leave to the tribunals discretion but would suggest mid-range of Vento, £15000

b) Losses in sections 2 and 3 as above

c) interest on all applicable payments.

 

7) Personal Injury

a) Damages to pain, suffering and loss of amenity using the JSB guidelines

i) Chapter 3(a) General Psychiatric Damage

1) Will leave to the tribunals discretion but would suggest the Moderately Severe Psychiatric Injury Bracket (£4,500-£12,500)

[jimijain]

wonderful! @Ibruk.

 

thanks a lot.

 

no did not claim for personal injury..

[lbruk]

Then just take out number 7

 

There is nothing stopping you from taking civil action later on if you want too

[jimijain]

Then just take out number 7

 

There is nothing stopping you from taking civil action later on if you want too

 

Brilliant! I will..

[becky2585]

Interest I think is theoretically possible from a "mid point"... Calculated at 1.5%... But I honestly don't think I've ever seen it awarded. I personally don't include it, but it is indeed theoretically possible.

 

Just keep in mind the "taking action later" point - any ET claim has a three month limitation period, so be careful not to miss any deadlines.

[becky2585]

Just checked, I lie. It's 0.5%.

[jimijain]

Interest I think is theoretically possible from a "mid point"... Calculated at 1.5%... But I honestly don't think I've ever seen it awarded. I personally don't include it, but it is indeed theoretically possible.

 

Just keep in mind the "taking action later" point - any ET claim has a three month limitation period, so be careful not to miss any deadlines.

 

 

thnx Becky. but I am not yet clear about this point above. I have been asked to provide a schedule by 22 nd next week, if I missed something and wished to amend how much time I would have to do that. particularly, I don't have a clear figure about my pension rights that I may have to inquire with the pay roll on Monday. If I don't mange to get correct info by then can I still amend my claim at a later date.

 

Your opinions and views are highly appreciated.

[becky2585]

You can still amend a Schedule of Loss if new info comes to light, eg pension, or if you get a new job and need to cap your loss of earnings.

 

In terms of the time limit point, if you wanted to add a claim for victimisation, for example, the 3 month time limit would still apply. If you want to bring a county court personal injury claim, it's 3 years. You can't bring the same claim in two coirts, so anything the ET won't award you can't later be brought in the county courts.

[dmlferguson]

If I get a new job do I cut off the loss of earnings at that point?

 

So count loss of earnings from day of dismissal to the day I start working?

[All animals are equal....]

Hi, I believe that you subtract your new weekly salary from the old one and claim back the difference. This is the figure that you use for future earnings as well.

[becky2585]

Both are right, it depends if you're earning less, in which case it would be the difference in salary. If you earn the same or more, you wouldn't include it.

[jimijain]

You can still amend a Schedule of Loss if new info comes to light, eg pension, or if you get a new job and need to cap your loss of earnings.

 

In terms of the time limit point, if you wanted to add a claim for victimisation, for example, the 3 month time limit would still apply. If you want to bring a county court personal injury claim, it's 3 years. You can't bring the same claim in two coirts, so anything the ET won't award you can't later be brought in the county courts.

 

 

Excellent! thanks a lot Becky..