Bujon - Employment Tribunal Help Please

[Bujon]

Hello All, new to the site. I'm looking at posting some info and getting some advice for my upcoming ET, where I will be self-representing and taking on who have been assigned to represent the respondent....hope there is some keen help out there

[Trev1234]

Re: Bujon - Employment Tribunal Help Please

Brilliant thanks FP

[FlamingParrot]

Re: Bujon - Employment Tribunal Help Please

It would be useful if someone could paste in a table of loss/projection of losses including basic and other awards. I've worked mine out - just in case - including notice, basic, compensation and future earnings; though an example would be great!

I did that a few months ago, re-quoted below: :grin:

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

The cap amount may have changed since, I think it's £475 if dismissed from April 2015. Breach of ACAS code is not always applicable and 25% would only be for a full breach (i.e. no process followed at all), otherwise something like 10% for partial breach. :thumb:

[Trev1234]

Re: Bujon - Employment Tribunal Help Please

It would be useful if someone could paste in a table of loss/projection of losses including basic and other awards. I've worked mine out - just in case - including notice, basic, compensation and future earnings; though an example would be great!

T

[FlamingParrot]

Re: Bujon - Employment Tribunal Help Please

Did you add Loss of Statutory Rights to your schedule of loss?

[Bujon]

Re: Bujon - Employment Tribunal Help Please

Thanks again!! I have simply stressed that the information they are asking has been provided and documented thoroughly throughout the inital grievance process and the subsequent appeal to that! I have also suggested any further clarification may come from my witness statement, but any specific questions along those line I have suggested they utlise their opportunity at cross examination stage at the hearing!!!

On the schedule of loss, I have actually been very honest and highlight specifically a genuine loss incurred thus far, and a small forward projected loss due to the lower salary role I am now in. All in all, I had approx 6 weeks unpaid work, and can cover the job applications etc easily enough! Put simply I couldn't afford to lose my job, and i certainly couldn't afford to sit on my jack hoping to win some cash from a tribunal case!! the 6 weeks out of work resulted in me selling my beloved car!

[FlamingParrot]

Re: Employment Tribunal Bundle and info request

Thanks Flaming Parrot, yes I concur with the schedule of loss, and I will provide al the info requested (as you say it's in my interests anyhow), but wasn't sure how to respond to them simply asking questions and expecting a response withi 14 days? Questions that have already been dealt with in the grievance etc!

IMHO the fact they are asking those questions shows they are not that confident of winning the case, otherwise the would just press on with what they have. Asking questions and giving you 14 days is a tactic they can later use in their witness statements to argue you didn't respond in time, your responses were not consistent with your previous statements, etc. It all sounds like part of a game they are playing.

Make sure what you respond with is consistent with what you previously said, they may well be trying to trip you up. If your schedule of loss is looking well populated, they'll go to great lengths to avoid that outlay! :thumb:

[Bujon]

Re: Employment Tribunal Bundle and info request

Thanks Flaming Parrot, yes I concur with the schedule of loss, and I will provide al the info requested (as you say it's in my interests anyhow), but wasn't sure how to respond to them simply asking questions and expecting a response withi 14 days? Questions that have already been dealt with in the grievance etc!

[FlamingParrot]

Re: Employment Tribunal Bundle and info request

Apologies, I understand the mitigating loss, and my schedule of loss I'll provide them a breakdown of that in due course.

Your schedule of loss presumably has lines referring to actual and projected (future) loss and how that was calculated. What I was referring to was supplying proof of what you've done to find work so far so there can be no argument to say if you'd tried harder you should have been able to secure employment. This is even more important if you are including a projected future loss, which can be up to a year from dismissal. As an example, it could be argued that you've only been applying for, say, five jobs a week and if you applied for 10, you'd probably find work in six months, if you applied for 15 in three months, provided of course there are that many suitable jobs to apply for in your area, - it's just an example. In that case, even though you may win your case, your compensatory award could be for just three months and thus just a fraction of what you've included in your schedule of loss. :mmph: From what I've heard, it's a matter of quantity over quality.

The additional information they ask for is simply the answer to three questions, which are related to incidents occurring during the period I alledge bullying and harrassment, and therefore I don't feel I need to respond other than "you have already this inforamtion from the grievance I raised and the subsequent evidence provided at the time.

OK, sorry, we are dealing with two totally separate issues here.

[Kati]

Re: Employment Tribunal Bundle and info request

Without further information

The additional information they ask for is simply the answer to three questions, which are related to incidents occurring during the period I alledge bullying and harrassment, and therefore I don't feel I need to respond other than "you have already this information from the grievance I raised and the subsequent evidence provided at the time.

Morning Bujon

I've merged your threads so the Beagles can read back and get all the information needed (and you don't have to repeat yourself too much ) xx

[Bujon]

Re: Employment Tribunal Bundle and info request

Even if you win your case (presumably unfair dismissal), the ET has discretion to reduce the actual amount it awards if it looks like you have not done enough to mitigate your loss, such as by looking for alternative employment after dismissal. Without further information, I'm not sure what they mean about you dictating your working hours, it sounds like you are saying you can only work between certain times and they regard that as restricting your options. You should be able to explain your reasons for that, such as childcare issues or other caring responsibilities, transport (i.e. if you rely on public transport to get to work), health reasons, etc. for restricting the hours you can work.

The more evidence you show of having tried hard to find work and mitigate your losses within reason (i.e. taking into account personal circumstances as above), the higher your chances of maximising your award. :thumb:

Apologies, I understand the mitigating loss, and my schedule of loss I'll provide them a breakdown of that in due course.

The additional information they ask for is simply the answer to three questions, which are related to incidents occurring during the period I alledge bullying and harrassment, and therefore I don't feel I need to respond other than "you have already this inforamtion from the grievance I raised and the subsequent evidence provided at the time.

[FlamingParrot]

Re: Employment Tribunal Bundle and info request

Even if you win your case (presumably unfair dismissal), the ET has discretion to reduce the actual amount it awards if it looks like you have not done enough to mitigate your loss, such as by looking for alternative employment after dismissal. Without further information, I'm not sure what they mean about you dictating your working hours, it sounds like you are saying you can only work between certain times and they regard that as restricting your options. You should be able to explain your reasons for that, such as childcare issues or other caring responsibilities, transport (i.e. if you rely on public transport to get to work), health reasons, etc. for restricting the hours you can work.

The more evidence you show of having tried hard to find work and mitigate your losses within reason (i.e. taking into account personal circumstances as above), the higher your chances of maximising your award. :thumb:

[Bujon]

Employment Tribunal Bundle and info request

Ok folks, so my evidence has been swapped, however I have been requested for some further infromation under 'additional information' and 'discovery'.

The discovery items are purely to substantiate my losses and prove I have mitigated them. I will include this within my schedule of loss so don't feel the respondents should be demandning this at this stage.

The additional items concern me slightly, because they are questions which surely should be asked at tribunal?...
i.e....
"With specific detail will the Claimant state how he believed he could dictate his working hours to his employer?"

Can I simply return with the response that, you can include that in cross examination? and simply discard at this stage?

[Bujon]

Re: Witness Statement Detailed or not so much?

Ok well it sounds like deep breath time then!

[judgemental24]

Re: Witness Statement Detailed or not so much?

The respondents solicitor always contacted me as i was handling the claim for the member.

It will always be last thing, and i mean a few hours. Say the hearing was set for the following thursday, the previous tueday would be when the solicitor contacts you, normally midday. You have to agree by close of business the settlement, normally 4pm

You will be doing this outside of ACAS, even if they have been involved. It will not be the usual COT3 Settlement but a settlement by mutual consent

Your representative will be phoning you to agree to accept the proposals or not. If accepted the respondents solicitor will draw up the agreed settlement and email you.

ACAS or the labour Relations Agency are giving a copy to sign off and the hearing vacated

If you are doing this alone the respondents solicitor will contact you direct

You will not have time to breath, believe me

Remember if you are offered a reasonable settlement and refuse, that can work against you if it goes to the actual Tribunal

If your schedule of loss is 10 k, and they offer 6 or 7 to settle, you will be foolish in my opinion to reject other than for loss of wages