Upcoming Tribunal what to claim?

[elt1977]

I have a date set for a tribunal hearing for unfair dismissal and have to submit what I am claiming for. I am self representing.

My employer singled me out and called me in for every little thing to try and dismiss me for over 2 years after I raised a grievance because management had blackmailed me.

On my ET1 there was no boxes to tick to say I had been victimized/discriminated against or harassed other than for racial/sexual/age etc which obviously wasn't the case as i didn't fall into any of these categories. I did put in the notes that I was singled out and punished over things every employee was doing and management ignored this fact.

Now my question is can I claim for any damages because of this? Will the tribunal pick up on this and award me damages or do I just write off the way I have been treated and claim for loss of earnings etc

[Emmzzi]

What law do you think your employer has broken please?

[elt1977]

Sorry I don't really understand what you mean, I have submitted a claim for unfair dismissal.

[steampowered]

I'm afraid you cannot make a claim for general discrimination. You can only make a discrimination claim on the basis of being treated less favourable due to a protected characteristic like age/sex/race. You need to focus on the unfair dismissal aspect.

[elt1977]

Ok thanks very much so that means I cannot include 'injury to feelings' in my claim

[smokejumper]

Have you actually made a claim?

 

if so is this a schedule of loss they are requiring.

 

Have the respondent not asked for further and better particulars yet.

[elt1977]

Yes I have made a claim and this is for a schedule of loss.

And no they have not asked for further and better particulars.

[smokejumper]

Did you get another job, if so how long were you unemployed = lost wages etc.

 

If you didn't get another job, you are going to have to demonstrate how you have been trying to get one.

 

Has the respondent given a schedule of loss ( so far) to you.

 

On your et1 there was a section asking what remedy you were looking for, what did you put there.

 

Sounds familiar case, didn't you have a problem with the type of claim, changing from unfair to unlawfull or vis versa?

 

Well done with getting this far, with your limited knowledge, you do know it gets more intense.

 

You need to do a lot of stuyding and buy a couple of books at least.

[elt1977]

As of yet I have not got another job, unfortunately due to the nature of m job I have to have safety critical tickets and these lapsed 1 week after dismissal. To renew these I have to have a sponsor (employer) as the cost is quite high its alot more difficult to get somebody to employ you although I have applied to all the relevant companies in my field of work. So far I have been unemployed 5 months.

 

The respondent has not given me a schedule of loss

 

I asked for my job back and compensation on my ET1

 

And this is my first ever post on here and it has always been unfair dismissal. I am just unsure of what to claim on the schedule of loss as all this started after my employer blackmailed me and I raised a grievance. Since that time I have been picked on continuously and they have tried to dismiss me on a few occasions. I have lost thousands of pounds in earnings due to suspension etc

[smokejumper]

Schedule of loss is just that, it's nothing to do with your compensation for injury to feeling.

 

I think the respondent would argue your loss, as on the details so far, you haven't really been that proactive.

[smokejumper]

Hold on, were you not paid when on suspension ?

 

 

.

[elt1977]

I was paid the minimum wage during suspension. No where near what my normal wage was and even though I disputed it several times my requests were ignored. Also periods of suspension were dragged out for months on end for no real reason.

 

As for arguing my loss I cannot see how they can I have emails for all the jobs I have applied for and I am waiting for the next available safety training course which could take months. I cannot do my job without this training.

[smokejumper]

Ok , only saying how I see it and you can bet the respondents barrister is going to disagree with you.

 

So you know what to put down, your loss after dismissal.

[elt1977]

Thanks, it is quite confusing but I have on paper been offered employment with 3 different companies but the training is a waiting game. The fact that my ex employer missed 1 of my training deadlines and I had to wait 7 months for training would be a perfect argument over this.

Obviously I am continuously chasing these companies up in regards to training dates etc but no start date can be confirmed until this training is complete. I cannot see what more I can do in regards to looking for work, apart from going into a completely different field of work which would be difficult due to lack of experience etc

[steampowered]

Ok thanks very much so that means I cannot include 'injury to feelings' in my claim

 

Yes, this is only applicable for discrimination claims.

 

Your schedule of loss for unfair dismissal should be something like this. I am not commenting on whether you have a strong unfair dismissal claim because there is not enough information to make an assessment.

 

IN THE EMPLOYMENT TRIBUNALS

CASE NO:

 

BETWEEN:

 

Claimant

 

and

 

Respondent

 

Gross weekly basic pay:Net weekly basic pay:

Contractual notice period:

Dte of birth of claimant:

Period of service:

Years of continuous service:

 

1. Basic award (calculated accordingly to statutory formula):

 

 

2. Loss to date (specify the date)

Loss of salary:

Loss of pension:

Loss of other benefits:

Other expenses (specify them - e.g. travel to job interviews etc):

 

3. Future losses

Future loss of salary until xxx: (have a reasonable estimate at when you will find a new job)

Future loss of benefits/pension until xxx:

Future expenses:

 

25% increase in compensary award due to Respondent's unreasonable failure to comply with the ACAS code: (only include if there has been unreasonable failure to comply with the ACAS code. If you are going to go down this road you need to point to which precise provisions have been breached)

[smokejumper]

You really need to obtain a book called employment tribunal claims by naomi cunningham and michael reed.

 

It is invaluable in helping your claim, it has been mentioned on here many times.

 

It is almost a step by step guide ( although no substitute for legal help)

 

There is an example of a schedule of loss, similar to the above.