Help with Schedule of Loss - Wages

[OneDrop]

Hello all I wondered if someone could help me out.

 

 

I have been instructed by the ET to provide the Respondent with a Schedule of Loss or specifically "set out in writing to the Respondent what the Tribunal is being asked to award, inc. evidence and how it is calculated" so that sounds like a Schedule of Loss to me? (Pls correct me if I'm wrong)

 

 

The claim is only for a deliberate deduction of 2 days' wages so for the month in question I received my normal salary minus 2 days. The claim is that I am entitled to the 2 days. There is no other claim.

 

 

So I need some advice re: preparing the SoL.

 

 

Can I break this down into a Basic and Compensatory award or does this breakdown only apply to unfair dismissal cases? If it does apply here too, what would be a reasonable Compensatory award in this instance or what could I use as a guide?

 

 

Can I claim interest from the day of the deduction until the day of the ET hearing and if so, does this have to be at 8%?

 

 

Would I be entitled to claim for anything else such as an uplift for failure to follow ACAS guidelines? (Since I made a formal complaint and the Respondent did not conduct the process as prescribed by its own policy or ACAS guidance)

 

 

Thanks for reading

[steampowered]

Yes, you need a schedule of loss.

 

It would be very basic - simply stating what you consider to be a day's wages and the total amount you are claiming (presumably that figure multiplied by two).

 

The basic and compensatory award only apply to unfair dismissal cases, so you cannot claim them.

 

You cannot claim an uplift for failure to follow ACAS guidelines as this is not an unfair dismissal case.

 

You don't get interest in deduction of wages cases in the employment tribunal. The 8% interest rule doesn't apply. Do check your contract though to see if there is an interest rate in there.

[OneDrop]

OK no problem.

 

 

It's disappointing but I'm glad I asked so I don't end up looking foolish and having my Schedule overlooked by the panel.

 

 

It is impossible to find the answer to my questions through an internet search, even CAB don't want to advise so I hope this thread will survive for years and years so that others may see it in future.

 

 

Since the deduction wasn't an admin error but was deliberate and unlawful (I'm sure I will prove this quite easily) it's a bit unsatisfactory that the ET don't have any scope to compensate me for having suffered such malicious action and for time spent having to seek external redress.

 

 

This would be a good way to deter employers from acting this way I feel. I'll keep it out of my Schedule but I think I'll make the point verbally if I'm forced to waste my time going to the ET!

 

 

Thanks again for responding with your knowledge it has been very useful.

[ericsbrother]

the law can only put yu back into your original position, it is not there to make you a profit from a situation, regardless of how badly the employer has behaved. It is considered punishment enough to publicy say that the employer has been a bad one.

[steampowered]

No worries

 

Yes, it is unfortunate that the ET does not have scope to punish employers for particularly bad conduct. The only thing the ET can really do to register its disapproval of a particularly bad employer, would be to make an order that the employer has to pay you costs for the time you spent dealing with the case at the litigant in person rate. The Tribunal is permitted to do this under rule 75(2) of the ET Rules of Procedure, although it is not used very often.

 

I forget what the exact rate is at the moment as it changes annually, but it is about £21 an hour.

 

Realistically you would only get costs like that if you got all the way through to a hearing, and the Tribunal felt at the hearing that the employer had really been taking the mick. I appreciate that is less than ideal.

[OneDrop]

No worries

 

Yes, it is unfortunate that the ET does not have scope to punish employers for particularly bad conduct. The only thing the ET can really do to register its disapproval of a particularly bad employer, would be to make an order that the employer has to pay you costs for the time you spent dealing with the case at the litigant in person rate. The Tribunal is permitted to do this under rule 75(2) of the ET Rules of Procedure, although it is not used very often.

 

I forget what the exact rate is at the moment as it changes annually, but it is about £21 an hour.

 

Realistically you would only get costs like that if you got all the way through to a hearing, and the Tribunal felt at the hearing that the employer had really been taking the mick. I appreciate that is less than ideal.

 

 

Oh, hang on! Well, that sounds good to me. Would I have to ask for that in person at the hearing (I assume I couldn't put it on the SoL since I need to submit that to the Respondent prior to the hearing) or perhaps I could prepare an amended SoL the day before the hearing if a settlement is not agreed beforehand?

 

I ask because you said the ET don't usually award it so I guess they won't offer it up and I'll have to ask for it myself and demonstrate that I have this knowledge? But I will make it clear that the Respondent has wasted everyone's time by not conceding the claim beforehand, I am absolutely certain of victory here

[ericsbrother]

you ask but as a separate issue to the schedule of loss.

[OneDrop]

you ask but as a separate issue to the schedule of loss.

 

 

 

Okey dokey, will do, thanks.

[steampowered]

Costs should not be included in the schedule of loss, costs are treated separately to your actual loss.

 

You could prepare a separate schedule of costs if you were so inclined, and probably serve that on the respondent on the day of the hearing. It would not need to be any more complicated than the number of hours you've spent on the case, the hourly rate you are using (which is defined by legislation for ET litigants in person) and the total you are asking for.

 

I suppose you would ask for costs at the end of the hearing on the basis of your schedule of costs. You would need to be able to refer the Tribunal to the relevant provision in the ET Rules of Procedure (Rule 75) which you are relying on.

 

While the rules are there which allow for costs to be ordered, I must emphasise that costs orders are very rare. Costs in general are only awarded in something like 1% of ET cases - and most of those are costs orders against claimants who bring hopeless cases. It isn't common for a costs order to be made against respondents or for the ET litigant in person rules to be applied in practice.

 

I suppose if you don't ask you don't get, but don't get your hopes up too much.