I submitted a (Bullying & Harassment) claim against my ex employer

[sendraza]

Good Morning,

 

I Need a bit of advice regarding my submitted claim to ET. I submitted a (Bullying & Harassment) claim against my ex employer to ET in October 2012. Since then I have received two letters from ET , 1). Acceptance of my claim and 2). Notice of Orders.

 

Since then my ex employer ( i..e the respondent) has engaged a top solicitor and he is communicating with me on their behalf. We have exchanged list of documents with each other following ET's instructions.

 

However couple of days back, the respondent's solicitor asked me to submit my "Schedule of Loss"..

 

I have following questions regarding that as Schedule of Loss is a new thing for me;

 

a). Can the respondent's solicitor ask me to share the schedule of loss, or it should only be shared with Employment Tribunal?

 

b). What motive the respondent's solicitor might have while asking for Schedule of loss? I mean why he might be asking for it?

 

c). How this schedule of loss can be used by the respondent's solicitor and for what reason?

 

I will really appreciate help for these answers.

 

Thanks & regards,

[Emmzzi]

He will be asking for it to see if they can settle out of court. Which may be an option that will save you a lot of stress. Do feel free to post up your schedule if you are unsure if you have missed anything.

[sendraza]

Thanks a lot for your reply Emmzzi. Thats what I was suspecting. But do the respondent's solicitor has the any legal standing or I mean legal clause following which he can directly ask me to share schedule of loss.

 

I asking this because in ET's letter there was no mention of exchanging the schedule of loss with respondents.

[steampowered]

You are normally required to serve the Schedule of Loss on the other side and I am surprised this was not mentioned in the Tribunal's letter? Are you sure it does not say you should serve it on the Tribunal and the Respondent?

 

The general rule is that the other side are entitled to all documents you send to the Tribunal, that is how the system works, you do not get to hide things from the other side. The Tribunal cannot hold a fair hearing if the Respondent does not know what the Claimant is asking for, because the Respondent has a right to contest the amounts you are claiming. I would just send them the Schedule, it could easily come back to bite you if they find out about it for the first time at a Tribunal hearing.

[sendraza]

@Steampowered: You are right, I also read it that ET should have included it in their Notice or Orders but unfortunately they didnt.

 

Now I am working on the Schedule of Loss and cant not understand the point where there is a mention os "Loss of Employers'/Employee's Pension Contribution", The only deductions I used to have on my payslips were Tax and NI Conctribution?

 

So is this Loss of Employers'/Employee's Pension Contribution" and NI Contribution is the same? Should I also include this in my schedule of loss.?

 

Thanks & regards,

[steampowered]

Many employers contribute to a pension scheme on your behalf. If they did not then there is no loss of pension contributions. It is nothing to do with national insurance, which is a tax and not a contribution towards your pension.