employment tribunal preperation for final hearing.

[WITSEND34]

Filed a case after bulling being told im a useless c**t. Being told my kind is not appreciated im a gay male and lots of other abuse all backed up with evidence.

 

Anyways left the business filed for tribunal was all contested have had my case management hearing all all points upheld none were dropped.

Upheld to final hearing are

Sexual discrimaination

Sexual victimisation (after being told to grow a pair when submitted grievence)

Unfair dismissal sections 100 1d and 100 1e employment act 1996.

Also an equal pay claim.

 

I have to do a schedule of loss how do I calcukate the compensation

[WITSEND34]

Unfair dismissal on health and saftey grounds

[billybobynumeroduo]

Hi there,

 

dont quote me on this I had a quick scan on my schedule of loss and it appears as follows:

 

Basic award: 1 months gross salary

 

Compensatory award

Loss of earning date from when one left the company to date of the Tribunal hearing (eg 12 months gross salary)

Loss of future earning....maybe you need to retrain or have PTSD from discrimination perhaps...therefore you will not be able to secure work until such and such a date in future (therefore further 12 months gross salary)

Award for discrimination-I have no idea what this is likely to be depending on seriousness of Discrimination that allegedly took place this would encompass: Financial Loss + actual loss (ie injury to feelings)

and finally Personal injury

 

Hope this helps

 

Best wishes

 

BB

[WITSEND34]

Many thanks only negative on my side is I planned to leave ans started my new job day after my contract ended. Although in my defence due to financial climate had to secure another job before departing although there was a final straw incident on day I left. Had my case management yesterday after a really insulting grounds of resistance and have been told we can settle this out of court by cot3 just tell me what you want.

 

Ive got this far and im hitting a wall at last hurdle as cant find decent literature on claims. Although juadhe stayed yesterday its £32 an hour for any prep work. The acas conciliator is always working from home.

[WITSEND34]

Although am currently on sick in new job due to stress and anxiety as dealing with all this is to much. My confidence had been knocked but ill get up and get justice

[billybobynumeroduo]

at a wild guess I would say that you were discriminated against and your personal injury to feelings could be £2k Discrimination wise its upto you I guess to name the price and decide how serious you perceive the damage to have been caused, please see below for a guideline:

 

"The Court of Appeal in the case of Vento -v- Chief Constable of West Yorkshire Police, has given guidance on the assessment of damages in discrimination cases. I attach a summary of the decision. The judges stated that damages for injury to feelings can be divided into three bands:-

 

a) The top band should normally be between £15,000 and £25,000 and that sums in this range should be awarded in the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment.

 

b) The middle band of between £5,000 and £15,000 should be used for serious cases which do not merit an award in the highest band.

 

c) Awards of between £500 and £5,000 are appropriate for less serious cases, such as where the act of discrimination is an isolated or one-off occurrence."

 

In Ms T's case the employment tribunal noted she had been put through "four traumatic years" of bullying, leading to clinical depression. The Tribunal had awarded her £50,000.00 for injury to feelings and this was reduced by the Court of Appeal to £18,000."

 

hope this helps

 

here is the weblink to the source

 

http://www.pcs.org.uk/en/resources/legal_toolkit/legal_advice_from_thompsons_solicitors/index.cfm

 

Best regards

 

BB

[WITSEND34]

Many thanks brilliant

[billybobynumeroduo]

Many thanks brilliant

 

You're welcome, no problem.

 

hope you do get the justice you seek, its not an easy task. I wish u all the best

 

Regards

 

BB

[billybobynumeroduo]

I imagine you have done all kinds of 'research' putting in time and effort and also drafting paperwork and printing, these are additional expenses that could go in also.

 

I believe that you can charge your own time at around £28 per hour, not sure if this the correct figure I saw you mentioned £32 p/h. anyway its around the £30 mark so you could include that too.

 

this is all a rough guideline sorry no links to back this up! (for the moment)

 

 

all the best

 

BB

[WITSEND34]

Can I ask you as well health as safey place of work was burglaled three times I was on shift all three times. I came face to face with intrudor in a back alley. Security lapsed one offender was prosecuted but kept returning to business this has been denied so sent subject access request asking for 101 ans 999 calls made to address. Do you know whered id find legislation and claim brackets on this its been upheld as unfair dismissal.

 

Also equal pay

[WITSEND34]

Acas and the courts are on my side defendant is non complient and been caught out lying to many times. Im submitting my evidence bit by bit until the deadline. And he keeps getting caught in trap. I also strongly belive after yesterday's hearing and communication after this will be settled out of court.

[WITSEND34]

He applied for all claims to be struck out and reffered to me as an impulsive liar and deceitful and judge said to him the evidence suggests that your the one being deciftul and lying. I had no communication since i left but was offered a reference sunday night day before hearing.

[becky2585]

Hello

 

A few pointers here - advice given so far is not strictly correct but a good guide nonetheless!

 

Firstly, Vento was the starting point for injury to feelings - but the guidelines have been increased in line with inflation under the case of Da'Bell v NSPCC. The brackets are now:

 

1) £600 to £6,000

2) £6,000 to £18,000

3) £18,000 to £30,000.

 

Injury to feelings compensation is not in place for financial loss; its converting your injured feelings into a cash equivalent.

 

The basic award is a calculation based on your age, weekly pay and length of service. It's not just a month, but that's what it worked out for for BB! It's calculated in the same way as a statutory redundancy payment, so have a look at an online calculator to get that amount.

 

Loss of earnings compensation won't be awarded at a level of two years. It's generally six months, or up to twelve if there is a significant delay in the hearing. Your losses in that regard are calculated as a net figure, not a gross figure.

 

Don't try and claim for "Personal Injury" - the Tribunal doesn't have jurisdiction to award damages for personal injury. They can award injury to feelings compensation only.

 

In terms of preparation time - you can't claim for that under a Schedule of Loss. If the Respondent has behaved unreasonably, you could claim preparation time costs but that's under a separate Costs Application which will need to be made to the Tribunal. The hourly rate is currently £26, but the Judge will order what he considers to be proportionate to the issues. Costs do not follow the event - they are very rarely awarded.

 

I would also recommend clarifying what you are claiming here. Are you trying to claim sex discrimination, or sexual orientation discrimination? They are pleaded under different sections of the Equality Act. Also, the unfair dismissal claim should be pleaded under S98 Employment Rights Act 1996 rather than the Employment Act. However, that could be a moot point as you've had a CMD and the Judge has allowed your claims to proceed.

[WITSEND34]

Hi Sorry for lack of information all that was done on mobile only just got to computer. To clarify the sex discrimination is part of the equal pay claim then there is also a claim for sexual orientation discrimination which is against the business and director as judge pointed out a ltd company could go bust basically and as individual told me to grow a pair when i complained hes been listed as the 2nd respondent.

 

From the cmd notes

 

The claimant contends that he was forced to resign as a result of a combination of factors: unequal pay, harassment/victimisation because of his sexual orientation and health and safety concerns. The respondents resist hid claims in full

 

Sexual orientation dismissal claim

 

1)The claimant contends that he was subjected to harassment because of his sexual orientation, by the virtue of alleged homophobic comments made by (management member) and by (directors) failure to deal with his concerns. the last alleged detriment is the claimants forced resignation.

 

2)The respondent contends that parts of this complaint were presented out of time limit and that it would not be just and equitable to extend time. These issues will be considered at the full hearing where it will be decided weather there was a continuing detriment running throughout the period.

 

3) Further claim for victimisation following the complaints made, claimant contends he was told to "grow a pair"

 

unfair constructive dismissal claim

 

1)The claimant accepts there was a gap in his continuous service for the respondent and consequently he lacks sufficient qualifying service to bring a complaint of "ordinary unfair dismissal"

 

2) instead he contends with the decision to resign was also in response to the failure to address health and safety concerns arising from a recent burglary see sections 100(1)(d) and 100(1)(e) of the employment rights act 1996. This does not require a years continuous service.

 

equal pay claim

 

1) Competitor named. he contends they were both employed to perform like work and in particular both had a specific licence (cant say as very specific) for the role. he contends that she was paid more than him up until the point his employment ended.

 

2) The respondent accepts that competitor was paid more that the claimant. it contends that this was for a material factor unconnected with his gender, namely that competitor performed additional responsabilities

[WITSEND34]

When filing my schedule off loss and compensation

 

do i have to put specific amounts or are brand brackets accepted eg if i had 8000 in mind putting ( 6000-10000) How specif does this have to be

[billybobynumeroduo]

Thanks for clarifying the guidelines Becky, this is very useful.

 

Regards

 

BB