How to prepare schedule of loss

[Tessy1]

I have lodge a cse at the tribunal and have hearing coming up in two weeks. My employer discriminated at me sexually. They are willing to settle out of tribunal and Acas has ask me to provide them a schedule of loss. I am totally clueless how to go about this and what sort of compensation to seek. Can some1 advice me please.

[rebel11]

Hi Tessy1

 

I think you should seek help from CAB as working out a settlement figure can be complex, they have access to solicitors who can advise.

[Sidewinder]

I second the above. With no details of the background to your case, your length of service or the nature and duration of any discrimination there is simply not enough to begin to work out what you should be negotiating for.

 

Your calculations should though reflect lost earnings, loss of notice, lost pension rights (maybe), other benefits (maybe), loss of employment rights and then a consideration for injury to feelings in line with the Vento scale and various adjustments that could have been made to any award dependant on the nature of the discrimination.

 

If the employer has already indicated that they WILL settle (rather than MAY settle), then it would pay to seek an appointment with a solicitor specialising in employment (especially discrimination) matters.

[Tessy1]

My employer refused to give me time off for ante natal appointment and cancelled my two shifts. I wrote a grievance to them explaining that its a form of sexual discrimination and they ignored my grieviance emails on two occassions. I want to claim for the cost of those two shifts, failure to follow acas code of practice (regarding grievance procedure) and injury to feeling as they made me go through a lot of distress while i was chasing them up of unpaid wages in the past. How can i put this together on the schedule and what sort of compensation can i claim?

 

Pls note, am still currently employed with them. Well, the demands of solicitors are on a high side and i just wish to do the whole thing by myself. Thank you

[Tessy1]

After much research on internet. This is what i was able to put together as my schedule of loss. Pls view attachment and will appreciate if someone tell me if any amendment is needed. Thank you

[becky2585]

For a lay person I think you've done very well. You seem to have included what you need to

 

Just make sure you are claiming the net figure for your lost earnings - it looks like you might be claiming gross, and the tribunal awards compensation under this head on a net basis.

 

I haven't checked the interest figure or the general maths, just the heads of claim, which seem to be appropriate!

[Tessy1]

Thank you for the feedback.

How do i calculate the net figure please. Do you mean after ni/tax deduction. Also do you say i can claim compensation under this head (unpaid wages) and like how much ?

 

Am i right in claiming 8% interest on daily basis under each head as i was thinking maybe i can only claim under the sex discriminatory part ?

[becky2585]

It depends whether the judge chooses to award compensation on a just and equitable basis under the Vento Discrimination bracket (in which case interest can apply) or whether it's an unlawful deduction, in which case it wouldn't. It's a technical point that only the judge will need to worry about so you might as well calculate interest on the whole lot and let the judge/opposition take issue with it - even if it's wrong, they won't blame you as a litigant in person!

 

The easiest way to calculate your net loss of earnings is from your payslip - if it's monthly, get a calculator and work out £[monthly total] x 12. Divide that figure by 52 (weeks in a year) and divide that figure by how many hours you work per week.

[Tessy1]

Thank you becky. The amount which i claimed under the unpaid wages is the total for only the two shifts they cancelled. I am still currently employed with them so do i have to calculate like you said even am still employed or only claimed what am owed.

[becky2585]

Calculate only what you're owed based on net loss of earnings for two shifts (I do suspect it will be awarded as discrimination compensation so interest can apply). That is the compensation for the claim for an unreasonable failure to allow time off to attend ante natal appointments.

 

The £6,000 you are seeking is compensation under Vento for injury to feelings for discrimination - assuming or course there was a finding of a detriment, which I suspect there was

 

Your schedule of loss is correct - it just needs amending from the gross loss of earnings for two days to net losses. Unless for some reason the tribunal would consider it just and equitable to award the gross amount, which I think is unlikely as it's designed to compensate you for the actual amount you lost in your pocket!

[Tessy1]

Ok in calculating the net loss, should i still follow your calculation?

 

Am i right in claiming uplift of 25% under both heads ? Also can i add my tribunal fee cost ?

[becky2585]

Yes, compensation can be adjusted by 25% for both claims. And definitely claim the tribunal fees back as well - I had assumed you issued before fees came in, but they are recoverable so they need adding if you paid them (assuming you couldn't apply for remission, in which case you can't claim them back as you didn't pay out of your own pocket).

 

Just to clarify the hourly rate - if £8.55 is what you receive AFTER tax and NI deductions, that's the net amount - if that is your gross pay, you need to follow the calculation above to work out how much you receive after tax

[Tessy1]

Thank you so much for your help. Much appreciated

[Tessy1]

Pls i have just realised that Acas has ask for a settlement proposal along with the schedule of loss. Whats going to be the content of this ?

 

Also can i claim legal cost as i have sought legal advice in the past ?

[becky2585]

It's unlikely you can claim your legal costs - they are awarded in around 2% of cases where the defence is misconceived, or the opposition has behaved unreasonably, vicariously, disruptively, etc. Does any of that apply?

 

Re ACAS - they are trying to get you to settle out of court, so make sure you put forward a figure you're happy with. Go in high and remember there's no pressure to settle, but if you agree verbally to settle through ACAS then it will be legally binding.

[Tessy1]

Thank you. What do suggest will be the content of the settlement proposal and does it mean i will reduced the amount on my schedule as an offer.

 

Or should i just ignore the letter and submit only the schedule as i do not want to implicate myself in any letter writing.

[becky2585]

It's completely up to you. If you have a figure in mind you would be happy to walk away with then it's worth giving settlement a bash. But you don't have to.

 

If you haven't yet won your claim then it's highly unlikely they will settle at the full amount so you may need to expect to compromise. Your schedule represents your best day in court, rather than what you're likely to receive in compensation. There could be other factors which make you want to settle as well - the stress of a hearing, or the risk of losing, to name a couple!