ET remedy - some questions

[finnbo]

I am in the throes of preparing my case for Unfair dismissal - I have received my hearing date etc and am at the first stage in the Case Management Orders. Obviously being very new to this and being up against a legal and HR team at a large global company I want to make sure I don't mess up so I wanted to check a few things if I may.

My first question concerns who I send the remedy to - the Case Management Orders state:

"The claimant shall set out in writing what remedy the Tribunal is being asked to award. The claimant shall send a copy to the Respondent. The claimant shall include any evidence and documentation supporting what is claimed and how it is calculated. The claimant shall also include information about what steps the claimant has taken to reduce any loss (including any earnings or benefits received from new employment)"

From this it is obvious I need to send a copy to the respondent but do I also need to send a copy to the Tribunal itself? It is not immediately obvious throughout the Orders when I need to send information to the Tribunal and I don't want to mess up by failing to send something I am obligated to.

My second question regards the actual remedy itself - firstly, my employer has paid me my statutory redundancy, pay in lieu of notice and so on so can I simply not include the Basic Award at all or should I include it but highlight it has been paid hence I do not wish to claim it?

Secondly, for the compensatory award, the amount I wish to claim is in excess of the maximum amount - should I simply leave the amount as I have calculated it and the tribunal will then adjust as necessary (should I be successful) or should I do this in my remedy so the total amount claimed is equal to the maximum?

Thank you very much for any help - I am sure I will be a regular for the next few months as I start down this daunting and scary path alone!

[teaboy2]

Re: ET remedy - some questions

I am in the throes of preparing my case for Unfair dismissal - I have received my hearing date etc and am at the first stage in the Case Management Orders. Obviously being very new to this and being up against a legal and HR team at a large global company I want to make sure I don't mess up so I wanted to check a few things if I may.

My first question concerns who I send the remedy to - the Case Management Orders state:

"The claimant shall set out in writing what remedy the Tribunal is being asked to award. The claimant shall send a copy to the Respondent. The claimant shall include any evidence and documentation supporting what is claimed and how it is calculated. The claimant shall also include information about what steps the claimant has taken to reduce any loss (including any earnings or benefits received from new employment)"

From this it is obvious I need to send a copy to the respondent but do I also need to send a copy to the Tribunal itself? It is not immediately obvious throughout the Orders when I need to send information to the Tribunal and I don't want to mess up by failing to send something I am obligated to.

My second question regards the actual remedy itself - firstly, my employer has paid me my statutory redundancy, pay in lieu of notice and so on so can I simply not include the Basic Award at all or should I include it but highlight it has been paid hence I do not wish to claim it?

Secondly, for the compensatory award, the amount I wish to claim is in excess of the maximum amount - should I simply leave the amount as I have calculated it and the tribunal will then adjust as necessary (should I be successful) or should I do this in my remedy so the total amount claimed is equal to the maximum?

Thank you very much for any help - I am sure I will be a regular for the next few months as I start down this daunting and scary path alone!

I take it your not going to tribunal via ACAS? as if you are they'd be able to help you few each step of the way, including the above, as well as offer early conciliation.

Regarding the order, it seems like an order to exchange documents. In which case its to the respondent. But your best checking with the tribunal over the phone to make sure!

Its hard to advise on the amounts without knowing the reasoning behind the amounts your wanting to claim or the back ground story to your claim! But bear in mind the amounts most represent your financial loss as a direct result of the unfair dismissal.

Am assuming you were made redundant and your claiming unfair dismissal as a result, likely due to failure to follow correct redundancy procedures?

[finnbo]

Re: ET remedy - some questions

Thanks for the prompt reply - ACAS are involved and did the early reconciliation but the respondent did not wish to partake. As a result I have now submitted my claim and it has been accepted. That said, ACAS made it pretty clear there were there to conciliate and not to provide advice hence I assumed I could not ask them questions of this nature.

The order is not the document exchange as far as I know as it is listed later - the order is requesting I set out my remedy, explain how I arrived at it and how I have minimised my losses. The order says I should send to the respondent which I will do but I wondered if I too should send it to the Tribunal so they have a copy?

I am not expecting anyone to comment directly on the actual amounts being claimed but more on how I should present this when the amount calculated exceeds the maximum?

My claims is for unfair dismissal through redundancy - mainly due to the whole process being about getting rid of me resulting in a pool of one with no selection criteria disclosed along with a subjective and inaccurate description of my role created to justify the creation of said pool of one. Additionally there has been a failure to follow the ACAS code and their own documented processes.

[teaboy2]

Re: ET remedy - some questions

Ok your best sending copies to both, that way the respondent can not claim you your claim for remedy was outlandish etc, as the tribunal will see from their copy precisely what your claiming. I usually send to both myself.

As for amount you can claim, the cap is 1 years wages/salary, a tribunal can not award more than that.

The fact the respondent refused to take part in early conciliation will go against them as the tribunal see it as unreasonable behavior! Only time they get away with that is if the claiments claim is without merit, weak, or vexatious! It won't increase any final award given, but it will strengthen your claim!

[finnbo]

Re: ET remedy - some questions

Thanks - I will send to both

My salary exceeds the maximum cap hence my requested compensatory award also does - in that case should I just leave the figures as they are knowing that it is more than the maximum the Tribunal can award or should I reflect that in my totals so they can see I am claiming the maximum?

[teaboy2]

Re: ET remedy - some questions

You can claim compensatory award - http://www.morton-fraser.com/knowledge-hub/employment-tribunal-awards

Also bear in mind a breach in redundancy procedures is a breach of contract which is capped at £25K Though it probably too late to add breach of contract to your claim without permission from the respondent or tribunal!

[ritemaster]

Re: ET remedy - some questions

When submitting figures, include both pay in lieu of notice and the Basic Award. I see your point were one cancels the other out but if you don't include them, and your employer then states they paid you in lieu of notice, that amount will more than likely be taken off any award you get. And if you didn't put in a claim for the basic award at the start, I doubt you will be allowed to add it later.

I don't know this as fact, but I wouldn't like to take the chance.

[FlamingParrot]

Re: ET remedy - some questions

You need to prepare a schedule of loss such as:

IN THE EMPLOYMENT TRIBUNAL

Case No.

Between

finnbo

Claimant

-v-

Your ex-employer

Respondent

_____________________________________________

SCHEDULE OF LOSS
____________________________________________

Effective Date of Termination	xx/xxxx/2015
Age at dismissal	xx
Years of service at dismissal	x
Weekly pay	£xxx.xx
Net weekly pay	£xxx.xx
Unfair Dismissal
Basic Award
No. of weeks x gross weekly pay (capped at £464)		£x,xxx.xx
Compensatory Award
Loss of earnings xx/xx/2015 to xx/xx/201x (xx weeks)	£x,xxx.xx
Future loss projected xx weeks (xx weeks * Net Weekly Pay)	£xx,xxx.xx
Loss of Statutory Rights	£x,xxx.xx
LESS
Income from employment/self employment	£x,xxx.xx	£xx,xxx.xx
25% uplift for breach of ACAS Code (if applicable)	£x,xxx.xx	£x,xxx.xx
Total Compensatory Award		£xx,xxx.xx
TOTAL COMPENSATION		£xx,xxx.xx

[FlamingParrot]

Re: ET remedy - some questions

Thanks - I will send to both

My salary exceeds the maximum cap hence my requested compensatory award also does - in that case should I just leave the figures as they are knowing that it is more than the maximum the Tribunal can award or should I reflect that in my totals so they can see I am claiming the maximum?

The cap for compensatory award is £78,335 and up to a year's gross pay.

The other cap refers to the basic award which is capped at £464/week.

You say they breached the ACAS Code, in that case you can add a 25% uplift, although I think this may not apply to redundancy situations.

Any benefits you claimed between the termination of your employment and the ET hearing will be deducted from the award. This relates only to JSA/ESA/Income Support but not housing benefit or council tax reduction. The respondent will still have to pay the full amount awarded but they will have to deduct the amount you've claimed and repay the DWP.

To maximise your award, you also need to show you've done your best to mitigate your loss. If you are unemployed, this means showing you've been actively seeking work, keeping all emails, letters, job applications, etc. as well as logging any other jobseeking activities such as face-to-face meetings, interviews and phone conversations.