Employment tribunal (urgent help) Schedule of loss

[petethemanc]

I have no legal rep apart from my union rep who really does not seem to be helping at all.

 

 

I received confirmation of a tribunal hearing date and three deadlines to supply information to the respondent.

 

 

One was the 6th just past which asked me to explain my losses which i did......but that was not correct.

It wasnt until i delved deeper i learned that i had to submit a schedule of loss.

 

 

Now i filled this in with what i believed to be my losses,

but my previous emplyers legal team have said that this was not correct as it does not contain any information on steps taken to reduce my loss (including any earnings or benefits received from new employment)

 

 

now when i was dissmised (firstly simply because "it was not working out"

and then when i challeneged this it was changed to gross misconduct)

 

 

i was unempoyed for three months before i took my new job,

i wasnt aware that that could be a loss.

 

 

Please please can someone assist me on how to complete properly a schedule of loss......

..their team have also said that my original email could not be accepted as the heading was "without prejudice"

this was there because i simply replied to their email and that was in the heading.

 

 

Now i sent this on the 6th and they have only responded to me today and said they may now not be able to meet the next deadline of the 10th because of this.

 

 

Do you think it would be possible for me to ask them to grant a day extension to cover this.

 

 

Hopefully someone can help as this is really stressing me and i have no legal knowledge.

[Emmzzi]

The CAB have a helpful example schedule here

 

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/

 

When is it due in? Should only take an hour or so to complete it. I would avoid asking for an extension and just make sure it's in first thing Monday.

[petethemanc]

Hi and thank you very much for your advice,

 

 

it was meant to be in on the 6th just gone and i had that in late that night as i work away.

 

 

They have responded today stating that it is incorrect as it does not have the information mentioned above.

 

 

They also say it can not be used as it has without prejudice in the heading....

..but as i say i simply replied to their email and not start a clean email so the heading remained.

 

 

The next deadline is the 10th....

..although i i have already forward all relevant details that they would need for this deadline anyway....

 

 

...should i still ask for an extension?

[Emmzzi]

what would stop you meeting the 10th? I'd get it over with myself

[petethemanc]

Nothing would stop me meeting the 10th.

....it is their legal team saying they dont know if they will be able to meet the next deadline of the 10th

 

 

( as there are three deadlines for information.....6th 10th 13th because they say this has delayed them)

[Sidewinder]

Never mind what the other side are saying - just make sure that you meet whatever deadlines are set for you to provide information - they are there to please the Tribunal, not to be convenient to the Defendant

[becky2585]

You need to remove "without prejudice" from the schedule as it's an open document, so the other side is right there. I assume you've provided information via email, so create a new document in word and send it to them by email that isn't marked without prejudice.

 

You could also email the ET to request an extension of time and explain that you did provide what you believed to be the required information by the 6th, but that you were informed that your interpretation of the order was not what the ET required and so you need an extension to provide a full schedule. Point out hah you aren't legally represented and that should cover that off.

 

In terms of the schedule, it depends what your claims are? For unfair dismissal, you'd look at claiming a basic award and compensatory award based on your loss of earnings. You'd then claim the difference in earnings after you secured a new job for a reasonable time period. You can also claim a small loss of statutory rights payment (£250-£350 is typical) if you had over two years service. Finally you'd look at other heads of claim - failing to provide a statement of particulars, or written reasons for dismissal, wrongful dismissal, and any uplift for a failure to follow the ACAS Code of Practice, for example, and separate that out in the schedule with how much you're claiming.

 

You do need to mitigate your loss and account for any earnings during the time you're claiming compensation. You do not, however, have to disclose evidence of a job search until the time for exchange of lists of documents and the documents themselves.

[becky2585]

PS - don't put any benefits down. They can produce a counter schedule for that as it's used as a negotiation point at this stage only.

 

If you succeed at an ET then benefits paid would be deducted from the compensation payment, so you don't want to effectively deduct it twice!