What can I claim for?

[SuperJon]

Hi there all,

 

Just putting in my statement of loss and remedy claim for my Employment Tribunal against my employer(I'm still employed but off work with a disability).

 

The case I'm taking is for the following:-

1. Comments made to me about my disability by my ex-line manager(who's strangely now been made redundant!) which forms the basis of quite strong harassment and,

2. For not communicating changes(I allege due to my disability) in my line management that created a role that I would have applied for had I known it existed.

 

I understand that the Vento bands for injury to feeling are applicable for 1 above but what about 2? How do I put a price on a promotion opportunity that I was prevented for applying for?

 

Also, as I'm still employed, what else should I put on the schedule of loss? I certainly do not want to claim to be excessive but I do want to make sure that I don't make life easy for my employers as they've really put me through the mill over the past year!

 

Your help, as always, is appreciated.

[Emmzzi]

1. what financial loss did these comments give you?

2. can you prove, not allege, your disability was the reason for non communicatipon? who else knew about the job? (there is no obligation to advertise roles)

[SuperJon]

1. As far as financial loss then that's a difficult one as how can you put a price on sleepless nights, visits to a counsellor, being put on anti-depressants etc! That's why 'injury to feeling' is such a non-scientific part of law I guess.

 

2. I believe I can prove this yes. Certainly I was put at a 'disadvantage' to my colleagues who had both written and verbal communication about the change and the opportunity arising from it. Obviously proving this was because of disability is for me to push evidence forward to the tribunal, my employers to challenge/defend and ultimately for the Tribunal to decide.

[Emmzzi]

you would probably also need to prove you were an exceptional candidate for the role... and that the job could reasonabley be done with your disability? eg if it were for a bomb disposal officer and you were suffereing from stress....?

 

I'm just saying, be sensible in what you claim. How much hugher was the salary?