Help with providing a 'remedy'

[FloozW]

I am approaching the date for providing a 'remedy' in a constructive dismissal matter, and just need to clarify a point or two.

Do I need to calculate 'past losses' up to the date of the hearing, even though that date is still several months away? It seems to be quite negative to assume (albeit reasonably) that employment won't be found before then.

Similarly, how on earth am I supposed to calculate future loss without also appearing to be negative?

I'm assuming I send the remedy to the tribunal, with a copy to the respondents' solicitors. In your opinion, is there any harm in using e-mail, as that is how the solicitors have written to me. I'm concerned they could claim non-receipt. I know I can put on a read receipt, but that can be disabled at their end.

Thanks in advance for your help.

[Johnboy007]

Re: Help with providing a 'remedy'

Your losses will be from the time of your leaving the company, up until the hearing date, based on your average weekly earnings, including bonuses and overtime.
You have to assume that you will not get another job before the hearing, and this should be made clear to the solicitor.
Now I have to assume it was the companies solicitor who has asked for this 'quote on losses'?
A tribunal would not ask you at this stage.
I think it is the company looking for an 'out', from the situation, as it would be far cheaper for them to do this.
Think about it, no extra solicitor fees, no time off work for company employees, no costs. ETC:
So you can send their solicitor an estimate of your costs, worked out as I have stated.
Send it by recorded and signed for post, (cost under £2.00).
Head your letter/estimate, WITHOUT PREJUDICE.
Sending communication with the words “without prejudice” means that the communication and its contents cannot be used against the party making the statement in court proceedings. This protection is not restricted to communication between lawyers or between lawyers and their clients. Any party involved in a dispute that might result in litigation can communicate on a without prejudice basis.
It is a well established rule that admissions, concessions or statements made by parties in the process of trying to resolve a dispute cannot be used against that party if the dispute is not resolved and therefore results in litigation.
A party making a without prejudice offer does so on the basis that they reserve the right to assert their original position, if the offer is rejected and litigation proceeds.
So this means that you have offered to settle the case 'out of court', for want of a better phrase, based on compensation for loss of earnings.
You may also want to add any reasonable costs that you have incurred in this matter.
Do not be tempted to go for a lower figure, as once the offer is made and accepted, then there is no going back.
I am still betting that your ex company are looking to settle on reasonable terms.
Could you post a copy of the email, obviously omitting personal details?

[FloozW]

Re: Help with providing a 'remedy'

Thanks for responding Johnboy. It is the case management order set down by the tribunal that is requesting a 'remedy' be set out now. I'm surprised, as a case I was involved in a few years back, the losses were only requested close to the hearing date. I'm assuming the new 'flexible' rules have changed, perhaps so the other party has an idea of what is being claimed and can then offer a settlement before hearing. That scenario is highly unlikely given they refused to enter into early conciliation. I have prepared a response to the solicitors letter, but just need to know whether to trust e-mail (I'm certain they only wrote to me by e-mail because of the time limits), or should I use traditional post (signed for).

[Johnboy007]

Re: Help with providing a 'remedy'

Hi,
They certainly seem to have altered from when I took a well known store to tribunal for constructive dismissal.
I would still go for postal, and make sure you keep the receipt from the post office.
This way, your ex company cannot say they never got your reply.
You can send it recorded and signed for, with a guaranteed next day delivery, but the cost is about £6.50
Tribunal copy can be sent by the lower cost post.
Just make the offer of a remedy based on your actual losses to date, and your assumed losses up to the date of the hearing.
Base the losses on your average weekly take home pay.
This way, if it does go to tribunal, then you can at least justify what you are asking for.
Costs are usually awarded by the tribunal,.

[FloozW]

Re: Help with providing a 'remedy'

Thanks again Johnboy. Am I allowed to put the tribunal fees in the claim? If so, can I include them at this stage, or wait until the hearing (if that happens).

[FloozW]

Re: Help with providing a 'remedy'

Ah, ignore me, I think that's what you were saying in relation to costs being awarded by the tribunal.

[Johnboy007]

Re: Help with providing a 'remedy'

Ah, ignore me, I think that's what you were saying in relation to costs being awarded by the tribunal.

Hi,
The tribunal will award costs, usually against the company.
However, if your case has no founding, or if you brought a hopeless case that had no chance of success, or you behaved very badly in the way the case was run or you turned down a good offer to settle.
The tribunal may very well order you to pay the costs.

[FloozW]

Re: Help with providing a 'remedy'

Hi,
The tribunal will award costs, usually against the company.
However, if your case has no founding, or if you brought a hopeless case that had no chance of success, or you behaved very badly in the way the case was run or you turned down a good offer to settle.
The tribunal may very well order you to pay the costs.

There's never any guarantee of course, but none of that is the case, so I should be ok.

[lba40]

Re: Help with providing a 'remedy'

Hi,
Just a point regarding the CMD. Yes, at my recent CMD, the Judge ordered a Schedule of Loss to provide to the Respondents. I think this is a sensible approach as the Responents would want to know the figures involved. This I guess would allow the R's to decide on whether it's worth econimically defending your claim...Very best of luck!

[FloozW]

Re: Help with providing a 'remedy'

Thanks lba. Although luck shouldn't come into it, undoubtedly it will. The sums involved are small change to the respondents, but their arrogance tells me they won't settle, even if the remedy was 50p!