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Gazza01

ET Constructive Tribunal Award Calcs

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Hello all

 

My issues were addressed at et last week and judge instructed I supply a schedule of loss.

 

Now as it was 2 years deduction of wages [set at phr] I have no idea how to do that particular calculation. Could someone more knowledgable about that posssibly post up a small example a dunce like me can use? i.e. is just take two years past pay and lump together? or something else? I have not a clue...

 

Much appreciated.

 

All I will say is there have been some very odd things going on in the back ground around this case.

 

One unusual thing is the direction to use a law changing case from 2010 which i had never heard/seen of when I was researching Constructive cases.

 

Decision day soon. At least I will learn one way or the other if my interpretation of what has happened to me in the main is considered true or not.

 

Cheers

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Hello

 

You should set out the type of unlawful deduction and then the total amount (eg for holiday pay for two years, it would be 28xdaily salary = amount for each year). Can't be more specific without more information! What are you claiming in addition? Constructive dismissal?

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Hiya Becky2585

 

as I am so thick on this subject i will lay it out in as specific simple terms as I can:

 

yearly pay appraisal, stopped [not mnded to detail on this open forum why] classed as illegal deduction of wages for 2010/2011 period.

£250x1

 

yearly pay appraisal, stopped - classed as illegal deduction of wages for 2011/2012 period. i.e. a repeat of previous year

£250x1

 

Total = £500

 

Then I would add in the rest of the Gross Pay normal amounts?

 

not including bonus as do not know what it would have been due to pay freeze in effect at this organization. also supplied pay information supplied by HR inaccurate/chaotic.

 

Yes It is being dealt with under Constructive Dismissal - as I understand it as a "Anticipatory breach" of trust and confidence [all I can say is 'final straw' BUCK*&^% case from 2010 - as judgement not due till next week].

 

Cheers

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I'm confused - what is the appraisal relevance? What's the £250 for?

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Hiya

 

Every year all staff get apprased on their performance over the previous year [an annual report basically].

 

Dependent on the marking which springs from that a person is elligible/or not for receiving a performance bonus.

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And why were you not elligible or why did you not receive this bonus. Was it a bonus or an increase in salary??

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As I pointed out HR useless - unsure myself plus with pay freeze no details - but its the reasons why I was marked down to the lowest marking which is why it is at the ET. This was just the final straw so to speak.

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