Tribunal Schedule of Loss advice needed

[Marie_Ellen]

Hi, this is the first time I have posted on here so please be gentle with me!

 

My partner is going to tribunal against RM and has a date set for early next year. He had a case management discussion 2 weeks ago and has been ordered to do a schedule of loss by 22nd October. We have drafted one (below) and just wanted someone to cast an eye over it and see if its correct? He is claiming for unfair dismissal and sex discrimination on the grounds of Section 47c Employment Act (treated detrimentally on grounds of paternity).

 

 

The bits we are uncertain about are -

• Do we need to claim for statutory payment for unfair dismissal and sex discrimination, or just sex discrimination?
  
• Do we claim interest on compensatory award only for both unfair dismissal and sex discrimination, or the whole thing?
  
• Any other advice?!?!? would be gratefully received!
  

UNFAIR DISMISSAL

 

 

 

BASIC AWARD

 

 

 

EffectiveDate of Termination (EDT) X

 

 

 

Ageat EDT X

 

 

 

Numberof years service at EDT 5

 

 

 

Statutoryweek’s pay £372.10

 

 

 

5weeks x £372.10 £1’860.50

 

 

 

COMPENSATORYAWARD

 

 

 

PAST LOSSES

 

 

 

Netpay: £322.35 per week

 

 

 

Amountof time Mr. X had no income, between statutory paternity pay period(X), to proposed career break start date (X): 5 weeks.

 

 

 

5x £322.35 £1’611.75

 

 

 

 

 

FUTURE LOSSES

 

 

 

Noclaim for future losses submitted, as Mr. X is not available for workuntil X and it is reasonable to expect that he may have gainedemployment during this period, even when taking his reference into account.

 

 

 

 

 

 

 

 

 

LOSS OFSTATUTORY RIGHTS

 

 

 

Mr.X will have to work two years to regain protection from unfairdismissal and it is submitted it would be appropriate to award £500 to reflecthis loss of statutory rights.

 

 

 

 

£500

 

 

 

 

 

 

TOTAL COMPENSATORY AWARD £2’111.75

 

 

 

Upliftfor failure to follow the Acas code

 

 

 

TheClaimant argues that an increase of 25% should be made to the compensatoryaward for the Respondent's failure to follow the Acas Code of Practice. TheRespondent did not deal with the Claimants Grievance about the allegedprocedural errors which occurred during the Respondents investigation into theallegation against the Claimant.

 

 

 

Total increase £527.94

 

 

 

TOTALCOMPENSATORY AWARD £2639.69

 

 

 

 

 

SEXDISCRIMINATION

 

 

 

BASIC AWARD

 

 

 

EffectiveDate of Termination (EDT) X

 

 

 

Ageat EDT X

 

 

 

Numberof years service at EDT 5

 

 

 

Statutoryweek’s pay £372.10

 

 

 

5weeks x £372.10 £1’860.50

 

 

 

 

 

COMPENSATORYAWARD

 

 

 

PAST LOSSES

 

 

 

Netpay: £322.35 per week

 

 

 

Amountof time X had no income, between statutory paternity pay period(end date X), to proposed career break start date (X): 5 weeks.

 

 

 

5x £322.35 £1’611.75

 

 

 

 

 

FUTURE LOSSES

 

 

 

Noclaim for future losses submitted, as X is not available for workuntil X, and it is reasonable to expect that he may have gainedemployment during this period, even when taking his reference into account.

 

 

 

 

 

INJURY TOFEELINGS

 

 

 

Theclaimant alleges that a discriminatory act of a less serious nature, which ledto the termination of his employment, took place. Although the alleged act wasnot of a serious nature, it had a large impact on X, causing him toX.

 

 

 

£6’000

 

 

 

 

TOTALCOMPENSATORY AWARD £7’611.75

 

 

 

 

 

Upliftfor failure to follow the Acas code

 

 

 

TheClaimant argues that an increase of 25% should be made to the compensatoryaward for the Respondent's failure to follow the Acas Code of Practice. TheRespondent did not deal with the Claimants Grievance about the allegedprocedural errors which occurred during the Respondents investigation into theallegation against the Claimant.

 

 

 

TOTALINCREASE £1’902.94

 

 

 

TOTALCOMPENSATORY AWARD INCLUDING INCREASE £9’514.69

[Marie_Ellen]

Anyone? Please? Im desperate!

[becky2585]

Hi there

 

The basic award only applies to unfair dismissal, not sex discrimination, so it may need a slight re jig! Interest can be claimed on discrimination awards. To that end, you need to quantify the discrimination claim in injury to feelings only -you should be claiming injury to feelings under the Vento guidelines so make sure the amount claimed is appropriate.

 

Statutory rights is usually claimed at £350 rather than £500. And you appear to be saying that no future losses are payable, but I'm not sure why? An explanation isn't needed - just figures and how they are calculated (eg 52 weeks x weekly pay). Don't forget the schedule of loss is the best case scenario so it's usually somewhat inflated.

[Marie_Ellen]

Hi Becky, thank you so much! There is no future loss as my partner was meant to be on an unpaid career break from September for 1 year. We would expect that he can find a job from September 2014, so cant really claim any future loss of earnings.

 

I'll adjust statutory payment to £350. Ill remove all statutory award from Sex Discrimination. And I'll calculate interest on sex discrimination. Ive put it in vento lower band as it was single act of discrimination which led to dismissal, rather than series of events.

 

When stating how much compensation we want for injury to feelings, do we need to say why that amount? Could you please give an example?

 

Thanks again

[becky2585]

You've explained it very well in your last post, ie - an award at the highest end of the lowest bracket for a one off (serious) act of discrimination. Usually you would put how the discrimination made the claimant feel - anxious, frustrated, humiliated, etc as well.

 

Are there any residual claims to include for a failure to provide a contract of employment, or written reasons for dismissal etc?

[Pusillanimous]

Please disregard: I note it is already covered.

 

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Don't forget to claim for "Loss of Employment Rights!. It is about £300 (look it up). This covers the fact your partner has to start from scratch in new employment for the qualifying period to claim breach of ERA (EqA is exempt fron employment qualifying periods).