URGENT! Employment Tribunal Claim POC

[themonster]

Ok so this is what i have so far can somebody let me know if this ok? or if i have missed anything significant?

 

Thanks

 

 

 

 

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Statement of Loss

 

 

 

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1 Basic Award

Calculated as 1 week pay per year of service. Last Monthly pay of £xxx.xx multiplied by 12 months divided by 52 weeks multiplied by 2 weeks.

 

 

£000

2 Loss of Earnings

Calculated actual loss of earnings from the period 11 April 2012 – 5 November 2012. Last monthly Payment of £xxx.xx multiplied by 12 months divided by 365 days multiplied by number of days during period between dismissal and tribunal (208 days). Including unpaid notice.

 

 

 

£0,000

3 Diminution of future prospects

 

Calculated as one year’s salary for starting position of 3rd Officer.

Lowest starting salary taken from Prospects.ac.uk – UKs official graduate

careers website. http://www.prospects.ac.uk/merchant_...cer_salary.htm

£00,000

4 Injury to feelings

Failure to discuss or investigate restrictions of illness, and then make judgement on the condition and capability of the claimant without due regard to health or injury to the claimant and his feelings.

 

£0,000

5 Loss of Statutory Rights

Calculated as £300 per year for the period of 2 years to receive full statutory rights.

 

£600

6 Serious failure to follow ACAS code.

15% uplift due to serious failure to comply with ACAS code and guidelines.

 

£0,000

TOTAL

 

£00,000

[elche]

Why not put the failiure to follow ACAS guidelines uplift at 25% if it is a 'serious' failure to follow?

[themonster]

Well they didnt follow it at all? they had one meeting and dismissed with immediate effect. I read somewhere that the tribunal awards between 10 - 25% uplift. so i was just estimating in the middle. The other i didnt know how to assess was injury to feelings is there any definite way of determining a figure, I put down £2000 as a general amount.

[lbruk]

It's 25% normally for breach of the ACAS code. If I'm being honest I would not include that as the tribunal will make up their own mind on this. It's worth bringing it up in your statement but not you schedule of loss as this should be what you have lost.

[elche]

If I'm being honest I would not include that as the tribunal will make up their own mind on this.

 

I really think it should go in. If we glance at a precedent of a schedule of loss from a reliable source, we can see that the ACAS uplift is included in the text of schedule:

 

 

Claimant's schedule of loss -- unfair dismissal

 

IN THE EMPLOYMENT TRIBUNALS

CASE NO: [iNSERT CASE NUMBER]

BETWEEN:

[iNSERT NAME OF CLAIMANT]

(Claimant)

and

[iNSERT NAME OF RESPONDENT]

(Respondent)

CLAIMANT'S SCHEDULE OF LOSS

 

1. DETAILS

Net weekly basic pay:

£[insert amount]

Contractual notice period:

[insert number] [weeks] OR [months]

Statutory notice period:

[insert number] weeks]

Claimant's date of birth:

[insert date]

Period of service:

[insert date] to [insert date]

Complete years of continuous service:

[insert number] year(s)

Age at effective date of termination:

[insert number] years

Gross weekly pay:

£[insert amount]

 

2. BASIC AWARD

[RELEVANT MULTIPLIER] X [NUMBER OF COMPLETE YEARS' SERVICE] X £[WEEK'S PAY (subject to statutory maximum)]:

Basic award: £ [insert amount]

 

Less

 

 

Amount received as statutory redundancy pay:

£ [insert amount]

 

Total basic award:

 

£ [insert amount]

 

3. COMPENSATORY AWARD

Loss to date of tribunal hearing

 

 

3.1 Loss of basic salary to date of tribunal ([insert number of weeks from effective date of termination] x £[insert net weekly basic pay]):

£[insert amount]

 

3.2 Loss of statutory rights:

£[300]

 

3.3 Loss of [bonus/commission] to date of tribunal:

£[insert amount]

 

3.4 Loss of pension benefit to date of tribunal [specify details]:

£[insert amount]

 

3.5 Loss of [insert details of other benefits] to date of tribunal:

£[insert amount]

 

3.6 Expenses incurred to date of tribunal: [specify details ]

£[insert amount]

 

3.7 [Loss of long notice period:]

£[insert amount -- no more than two weeks' net pay]

 

Losses to date of tribunal (past loss):

£[insert amount]

 

Less

 

 

3.8 Ex gratia payment:

£[insert amount]

 

3.9 Sums obtained through mitigation to date of tribunal: [set out relevant details of each job that employee has had, eg: two weeks' temporary shop work [insert dates] at £200 net per week: £400, three weeks' part-time work at estate agency [insert dates] at £50 net per week: £150 etc]

£[insert total amount earned by way of mitigation to date of tribunal]

 

Total past loss:

 

£[insert amount]

Future loss

 

 

3.10 Future loss of earnings ([insert period] x £[insert net weekly basic pay]):

£[insert amount]

 

3.11 Future loss of pension: [insert details, ie number of weeks at £x per week]

£[insert amount]

 

3.12 Future loss of [insert details of other benefits]:[insert details, ie number of weeks at £x per week]

£[insert amount]

 

3.13 Future expenses: [insert details]

£[insert amount]

 

Future losses:

£[insert amount]

 

Less

 

 

3.14 Future mitigation: [insert details and net pay of any new job. If work is only temporary, give details, including end date]

£[insert amount/details]

 

Total future loss:

 

£[insert amount]

Total loss and adjustments

 

 

3.15 [uplift in compensatory award due to Respondent's unreasonable failure to comply with Acas Code [insert percentage up to 25]% x [Total past loss] + [Total future loss]]:

Total compensatory award after adjustment for uplift: £[insert amount]

 

3.16 [Add award for failure to provide written statement of particulars of employment (either two or four weeks' pay:]

£[insert amount]

 

Less

 

 

3.17 [Deduction for any enhanced redundancy payment in excess of the basic award:]

£[insert amount]

 

COMPENSATORY AWARD GRAND TOTAL:

 

£[insert amount]

3.18 Grossing up for effect of taxation: [insert details]

 

 

[3.19 Statutory cap:]

[£[insert statutory maximum amount]]

 

Of course the above schedule is merely a standard precedent and thus some of the above heads of claim may not apply; and conversley the OP could have additional heads of claim (not least the discrim element) that are not listed above.

 

And, I think the OP has not applied the uplift in their schedule correctly. I note in the OP's schedule point 3 seems to be a 'future loss', and the precedent suggests the uplift does not apply to this head .......without looking into this more right now, that is how I read the above.....

 

Che

Edited July 26, 2012 by elche