Confidential information disclosure

[Claimant0777]

Depression, gestational diabetes related to stress at work, deciding not to have any more children because of risk of gestational diabetes for future pregnancies and risk of diabetes for the baby and myself, moving out of the area totally in search of more multi cultural environment, considering leaving the country all together because I don't want my children to experience the same difficulties as I had. What band should I have claimed you think based on these?

[ULA]

You can only claim for injury to feeling that is directly related to the discrimination you suffered as set out in the judgement. Not having sight of the judgement it is hard to say the extent of the discrimination and therefore the Vento band it should be considered part of.

[ULA]

Having had a quick review of the judgement, the Tribunal has provided guidelines as to what they are expecting in terms of the focus of the remedy hearing which is as stated at point 94 of the judgement "... but we consider that it may be helpful that it is likely to focus on the loss of the chance to be appointed (as well as injury to feelings)."

So the first part is about the loss of chance which may include any difference in salary, if the position you were not shortlisted for was at a higher salary level. That may also include monetary compensation of any benefits or enhanced benefits the job would have provided if you had been shortlisted and been successfully appointed.

In respect to injury to feeling you need to show that your feelings have been injured and to what extent in relation to the specific and single act of discrimination for which the Tribunal has found in your favour. Typically as it is a one-off single act then my view is that it would be hard for you to justify the highest Vento band level as this reserved only for the most serious of cases. Typically a one off act would be in the lower Vento band but the decision is your as to whether you can provide enough justification to move up a band.

[Claimant0777]

Thank a lot for reviewing my case and advising. What documents should I provide for this hearing, if any?

As the job that I was not shortlisted for was a part time role, the salary difference between my lower paid full time job was minimal. Hence, I am going to focus on injury to feelings part only. Is it true that because the judge thought even if I was shortlisted, it would be unlikely that I would secure the role, the compensation amount will be limited to 10-20%?

[Claimant0777]

What if I argue that as soon as I left the employer, I secured a job with a higher salary, and within 3 months I secured a role at a big four accounting company (competitive recruitment process) with a double the amount of salary I was receiving at the discriminating employer?

[ULA]

Your post #64

In the bundle you need to include documents such as any medical evidence which can demonstrate the extend of any injury to feeling and the affect it had on your health/mental state if you have them and documents relevant to loss of earnings as I have set out in my post #63

So the first part is about the loss of chance which may include any difference in salary, if the position you were not shortlisted for was at a higher salary level. That may also include monetary compensation of any benefits or enhanced benefits the job would have provided if you had been shortlisted and been successfully appointed.

I cannot determine what the Judge will concluded at the remedy hearing in respect of the compensation but given the view in the judgement that you would have been unlikely to have succeeded in being given the position the discrimination is limited to you not being shortlisted and my view is that this is likely to be in the lower of the Vento bands.

Your post #65

In respect of this post then the information about the job you secured will need to be provided as proof of what you have done to mitigate your losses.

[Claimant0777]

Hi ULA,

Thanks for the information, and for being responsive and approachable!

Does that mean that a new bundle needs to be prepared? Who will be responsible for preparing the bundle? Last time it was the Respondent.

Or will new documents be added to the bundle that was given to the ET last time? Will they look into anything from that old bundle, can I refer to that bundle page numbers when I am writing my updated schedule of loss?

The Respondent asked for an updated schedule of loss and I sent them one without copying in the ET. Can I update it again if needed and when should I send the updated schedule of loss to the ET?

Is there such a thing as ET punishment for asking for too much in remedy?

What if I don't send them any schedule of loss?

Thanks

[ULA]

You should have received Directions in respect of the Remedy Hearing however the responsibility for the preparation of a new bundle is with you and contained within this you need to:

1. Provide all relevant documents upon which you intend to rely in dealing with the remedy or compensation you are seeking to claim.
2. It is important that you prepare an updated schedule of loss, this sets out the sums you are claiming from the Employment Tribunal in terms of loss of earnings and pension loss and any claim for an injury to feelings award.
3. Mitigation evidence which should include details of any jobs you have applied for since dismissal or any medical evidence on which you will seek to rely on. The reason this is important is the Employment Tribunal expect you to try to reduce your loss and could reduce your compensation if you fail to demonstrate sufficient evidence that you have looked for new work.
4. The documents should be referred to within a witness statement that you need to prepare, which will set out in chronological order the impact the dismissal has had upon you and the steps you have taken to find alternative employment.

Do not forget the bundle needs to be indexed and paginated.

The Directions should have stated the date by which you must submit the bundle to the respondent and the ET in advance of the hearing.

In answer to your two questions:

1. There is no punishment, other than if you are not realistic in your expectations then you may end of being disappointed in the outcome.
2. It will not be looked favourably by the ET if you cannot produce a schedule of loss.

[Claimant0777]

Thanks a lot for a very detailed response!

The ET have not sent any directions apart from setting the date to the end of July 2023. Should I chase the ET?

Can I make any reference to the old bundle as well?

[ULA]

You can only make reference to the bundle that the tribunal and respondent will have access to at the remedy hearing which is the new bundle you have created. If there are a few documents from the final hearing bundle that are relevant to the remedy hearing then you need to add them into this new bundle.

[Claimant0777]

Hi ULA,

From my conversation with the Respondent's representatives, I understood that they are happy to prepare the bundle for this hearing too.

From the original judgement, I understand that I need to prepare another witness statement. What should I include in this witness statement, please?

Thanks a lot for your help!

[ULA]

I would personally get confirmation in writing from the respondent's representative that they will be preparing the remedy hearing bundle.

As set out at my point 4 of post #68

The witness statement should set out in chronological order the impact the discrimination has had on you, the injury to feeling you have suffered and how this has impacted you and the steps you have taken to find alternative employment.

[Claimant0777]

Hi ULA

I hope you are well.

Do you think in my case I can ask for lost/significantly reduced pension income after retirement? I have looked at the Ogden table and found ways of calculating that complex pension loss. The question is will the judge award? Or is there a harm in including that loss?

If I secured another role with a new employer within a short period of time after I left the Respondent, will it affect my ability to claim for the lost pension?

[ULA]

Ogden tables are used to help actuaries, lawyers and others calculate lump sum compensation due in personal injury and fatal accident cases. Not sure that is relevant in this situation.

Yes you can claim for loss of pension contribution but I very much doubt that a Judge will look favourably on you trying to calculate this in terms of compensating you for reduced pension after retirement. There is no basis for this, even if you had been offered the role and accepted it, you may at some point have decided to leave anyway. You cannot be compensated indefinitely for something that is not based on fact.

Your loss of pension contributions should be based on the period up to when you started your new employment in my opinion but if you are concerned about this take some independent advice.

[Claimant0777]

Hi ULA

Do you know of a case where the losing party claims for costs and gets the money?

Thanks