Tribunal - Schedule of Loss

[Bradden]

I have been asked to complete a schedule of loss for my up comping appeal hearing.

 

My wife would like me to claim for a ruined Christmas and emotional stress etc which I do not beleive is possible.

 

Is there any template or guidance of preparing a schedule of loss I could use?

 

My real problem is that it is so open ended. I was unfairly dismissed in my opinion and in the current economic climate I do not know when I will find another job and will probably end up taking one that pays less than I was earning. I have done some temp. work and may do some more.

Could I claim for 2 years salary?

 

Thanks

[monkeychicken]

hi

 

I am in the process of doing the same thing.

 

Google the internet for remedies hearings.

 

I can recommend reading the Vento case and the Aziz v CPS remedies case, which although not unfair dismissal, details how remedies are arrived at.

 

Also its worth searching through the etclaims.co.uk website, it has a wealth of information about etclaims (surprisingly!).

 

Good luck and if I find any more advise, I'll pass it on to you.

[Chrisall]

Hi, just searching for schedule of loss and came across this post. I too need to provide a schedule and could do with some advise about what I can and can't include.

 

Thanks,

Chrisall

[nicolee2931]

The schedule of loss should include your total loss of earnings since loss of employment to the tribunal date. However you must take off the total any un-employment benefit you have been paid.

 

You can add on upto 6 months of loss of earnings if no employment has been found or is unlikley to be found at the time of the tribunal, the employment judge will consider this award during these uncertain times with very few employment opportunities around.

 

Also I will have to check my schedule of loss when I get back home as I am on holiday but I am sure you add a further £150 onto the final total for Loss of Statory Rights.

 

Also you can add on if you have found employment any difference in salary between your old and new employment.

 

This is the correct method in working out your schedule of loss as mine was prepared by my solicitor for me. I will when I get back home blank out the amounts and any incriminating data and post it up.

[milky71]

i am also having trouble with schedule of loss

working out loss of income is simple but what about compensation how do you put a figure on that.

any advice would be welcome.

[MarkieMckelle]

Try This

 

Assessment of compensation for discrimination

Race, Sex, Religion, Belief, Sexual Orientation, Age, Disability Discrimination, Compensation Checklist

 

1. A single compensatory award no upper ceiling limit applies.

 

2. Financial loss resulting from the discrimination eg loss of earnings, on dismissal or lack of promotion, loss of pension, (similar a principle to unfair discrimination has damaged workers confidence or health)

 

3. Compensation for injury to feelings including aggravated damages and compensation for damage to health. Consider these three in separate headings.

 

4. Interest.

 

5. Note that an ET can make recommendations and award extra compensation for failure to comply with them.

 

Basic award £350.00 per years service £

Future loss of earnings £

Furture loss of Pension £

Job Hunting Expenses £50.00

Future loss of pension £

Loss of Statutory Rights £300.00

Injury to Feelings £15,000.00 (Mid range in Vento)

Aggravated Damages £5000.00

Interest Injury to Feeling & Aggravated Damages £

Personal Injury £15,000.00 Moderately Severe

Interest on Personal Injury £

Costs of recommended cognitive therapy£1,225.00

Adjustment for Taxation £ items 1 to 8 subject to tax

[even handed]

Hi,

 

I am being requested to present a schedule of loss that needs to be in by cop tommorrow, has anyone get a template and pointers for hoew to complete.

[honeybee13]

Hello there. This is quite short notice. I would do a google search if you haven't already and maybe check out the tribunals service website. Also, there are previous threads on this forum about how to calculate the figures if you do a search. Good luck.

 

HB

[R&J]

Vento applies to injury to feelings, and relates to discrimination claims.

 

Google Unfair Dismissal Schedule of Loss. Various firms of Solicitors have online calculators you can fill in. Do this, print it out, job's a good one

[astrozeneca888]

Can anyone advise me on this: Can I claim for past loss of earnings if I am still on maternity leave and have not been available for work? I have been dismissed as soon as I went on maternity leave. Thank you.

[SarEl]

This is a very different scenario, and what you can claim depends on what claim you have made. Potentially there is sex discrimination in here too, which allows for greater claims for things like injury to feelings etc. But in terms of loss of earnings you can only claim what you have actually lost, so maternity pay and future loss (after your maternity leave ends). But it is hard to give advice on three lines of facts! So more information about what you have claimed and what happened would help.

[Bignick58]

This information might be helpful to all...

 

http://etclaims.co.uk/2008/04/push-your-luck/

 

Best of luck.

[astrozeneca888]

Thank you for your reply. Just to let you know I did claim for unfair dismissal and sex discrimination. The case has now been settled pre-tribunal. But I would like to know what is the tax implication/liability, and whether this would affect other benefits. Any ideas on this subject?!

[honeybee13]

Hello there. Depending on what replies you get here, if you need more information CAG has a Benefits forum. At the moment though, I'm not sure it's the time to move off this one.

 

HB

[SarEl]

Thank you for your reply. Just to let you know I did claim for unfair dismissal and sex discrimination. The case has now been settled pre-tribunal. But I would like to know what is the tax implication/liability, and whether this would affect other benefits. Any ideas on this subject?!

 

Still no- because it depends on the breakdown of the settlement. For example, some parts of an award over £30k, like injury to feelings, are still tax free. I think you need to seek advice from the solicitor who advised you on the settlement, and possibly even HMRC or an accountant.

[elche]

The case has now been settled pre-tribunal.

 

Via a COT3 or a Compromise Agreement?

 

But I would like to know what is the tax implication/liability, and whether this would affect other benefits. Any ideas on this subject?!

 

Useful information on taxation her: http://www.gannons.co.uk/newsletters/go/page/knowhow_taxation/id/18

 

;and as stated earlier it is not a 'yes or no answer' If you signed a CA then you must have received some independent legal advice and I would urge you to return to this person for further tailored advice on this topic.

 

As for benefits advice I always found this was the one area that even the volunteer CAB advisers were generally good on - so a visit to your local CAB may help?

 

Hope this helps

 

Che

[astrozeneca888]

Thank you Che and SarEl. The link on taxation is very useful. Yeah, I was thinking to go back to my local CAB, they also helped me a lot with my tribunal case.

SarEl, I am still awaiting to receive the court order as case has been settled before the hearing even began. Thank you all for your replies.

[SarEl]

SarEl, I am still awaiting to receive the court order as case has been settled before the hearing even began. Thank you all for your replies.

 

If it was a settlement before the case was held then what have court orders to do with it? There are no court orders involved in pre-case settlements.

[Claire1million]

Hi

 

Can anyone help me I have done my Schedule of Loss but they also say in the letter that "No later than the 2nd March 2011 each party MUST send to each other party a copy of any documents it has relevant to the claims in the proceedings."

 

I'm not to sure what it is I have to send with the Schedule of Loss. Is it all the paperwork I have like e mails, letters, notes I have made on appeal letters?

 

I hope someone can help as I need to send this off on Monday. Its all a bit overwhelming

 

Many thanks

[SarEl]

Any documents which you intend to rely on in the tribunal - any at all. For documents - read "evidence"

[Claire1million]

So do I just put the paperwork in with the Schedule of Loss or do I have write something with it?

 

Thanks

[SarEl]

You should put everything in date order, paginate it and put in a cover sheet saying what is on what page, with the case name / reference at the top.

[Claire1million]

I haven't got my witness statements done yet so is it ok to put them in with bundle documents when I do them?

[Claire1million]

I have all the documents i'm sending with the Schedule of Loss do I have to bundle all the documents and write a statement explaining them?

 

Thanks

[Bunty Rothsay]

Hi All

I have recently completed a schedule of loss in regard to a Sex Discrimination case which was submitted to the ET and the respondent. I have included all losses including loss of pension, private healthcare, and difference in earnings/defecit in earnings from when I was employed with the respondent to date and until the post I am currently in willl end (as I am now earning less money).

The respondent has advised that they contest this calculation advising that it is a)gross rather than net b) that I received a redundancy payment however I was unemployed forjust over the number of months I was paid redundancy for so I do not understand how they can take this into account?)

Can anyone please advise if I have done anything majorly incorrect?

B