Unfair dismisal. Been asked to submit, amount of compensation.

[WmWallace]

Hi, helping my sister with tribunal case. We are seeking compensation, and have been asked to submit evidence as to the break Dow of the compensation we are asking for. I would be grateful if anyone can help me with this task.

WmWallace

[enaid]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

That is a Schedule of Loss

1. The Schedule of Loss is something that the Tribunal will want
you to provide at an early stage so that the Respondent knows
what you are asking for. This is where you set out what you
think you should be awarded by the Tribunal if you succeed in
your claim.
2. You need to show what you think you are entitled to and why. It
is not necessarily what you would get if you do win your case, a
lot of it depends on the Tribunal’s view.
3. How the document is set out is far less important than the
actual content. You do need to provide the ‘basic’ information
such as the dates that you were employed from an to, your age
at the end of the employment, what you were paid both net and
gross and any other benefits that you received. You should
work out all figures to per week because most things will be
awarded as multiples of weeks.
4. The Basic Award is something that you are entitled to if you
were unfairly dismissed and is the same calculation as a
statutory redundancy payment. This is worked out using your
whole years of service and your age. The figure for a weeks pay
is caped at £400 (as at 2011, due to change in February 2012)
and is taken from the gross pay amount.
5. The Compensatory Award should cover everything that is a loss
to you that ‘flows from the unfair dismissal’. It will also include
amounts for any other claims that you succeed in such as
discrimination or amounts that were taken form your pay that
should not have been.
6. Current Loss is the amount that you have already lost up to the
date of the Tribunal hearing. Future Loss is a further period of
loss that the Tribunal will estimate at the time of the hearing.
7. All of your benefits should be included such as company car or
pension contribution by your employer.

[WmWallace]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

Hi Enid thanks very much for that it is very helpful. Is there a template document anywhere for this.

Also can we claim the she will lose her qualifying period in her new job which is no two years. She has to start at the beginning again.

Thanks.

[enaid]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

I have to ask, have you taken proper advice over this claim?
I ask because this is very hard to take on no matter how confident you feel your claim is.
ACAS is a great help and have all info you will need but will not give a decision either way only impartial advice.

[WmWallace]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

I have though off that and I am looking into it. I was a union rep for many years and have attended my Tribunals. I agree 100% with you, this is a difficult area if you do not know what you are doing, so I will get help with this, or get someone's active help who is.

Tanks again.

[enaid]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

Yes I would recommend that you do seek advice through ACAS who would mediate for you, or if you have a law centre near you they give free advice.
I took my offer before the actual tribunal but attended with my friend to hers, she lost simply because she had not followed the firms grievance procedure to the letter it was a very sad outcome.
Good Luck and if you can please let us know how you get on it may just help someone else.
Enaid x

[teaboy2]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

Enaid you sure your not confusing constructive dismissal (in your friends case) with unfair dismissal. As i don't see how a person unfairly dismissed would need to use the grievance procedure, appeal procedure yes, but not grievance procedure.

Constructive dismissal is hard to prove, but unfair dismissal is not that difficult.

[enaid]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

Enaid you sure your not confusing constructive dismissal (in your friends case) with unfair dismissal. As i don't see how a person unfairly dismissed would need to use the grievance procedure, appeal procedure yes, but not grievance procedure.

Constructive dismissal is hard to prove, but unfair dismissal is not that difficult.

Ok I am sorry, I thought it was the employer who had to prove it was a fair dismissal, I mentioned about my friends case because it was lost purely on the fact she has not done things exactly right. Even if as you say it is not that difficult to prove unfair dismissal I would still make sure I had done everything to the book so that would not happen.
The working out of the compensation is still the same isn't it?

[teaboy2]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

Thread Title Enaid, Thread Title

[enaid]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

yes found it lol ta

[mystery1]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

You need to work out the official reason for dismissal. The real reason for the dismissal. If the employee contract was complied with. What you can prove. Has the employee made any complaints, attended grievances/disciplinaries as a companion etc

Essential why the person was dismissed and are there protected reasons for it.

M1

[miliitant]

Re: Unfair dismisal. Been asked to submit, amount of compensation.

the problem now is that even if the employer has not followed say the disciplinary proceedure as to the contract of employment, if the outcome of that disciplinary meeting would still have resulted in dismissal, a tribunal would still more than likely side with the employer in its decision.

the only option left to the employee would be to appeal the dismissal with the employer on the grounds of not following correct proceedure.

multiple breaches though in proceedure and the employer is in trouble