Dismissed while on Maternity Leave

[judgemental24]

Re: Dismissed while on Maternity Leave

I will try and catch up later, on a dongle at the moment

[mariefab]

Re: Dismissed while on Maternity Leave

Have a read of the links below, then ask us if you have further questions.

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-preparing-a-schedule-of-loss-for-an-unfair-dismissal-claim/

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensation-for-discrimination/employment-tribunals-discrimination-calculating-compensation-for-injury-to-feelings/

[mariefab]

Re: Dismissed while on Maternity Leave

As you are representing yourself; the Tribunal won't expect your schedule of loss to be perfect and it's quite common for in person representatives to state that they are content to leave the amount of compensation for injury to feelings to the judgement of the Tribunal.

[NK1]

Re: Dismissed while on Maternity Leave

Thanks @mariefab

Quick question- as I have been diagnosed with depression due to this situation and have been prescribed anti-depressants and sleeping pills by the GP. Can I claim for injury to feelings and personal injury?

I am able to provide all medical back up if required.

Also, they owe me 23 days of holiday accrual during maternity leave. Please can you tell me if I need to calculate this as Net or Gross income on the schedule of loss?

[judgemental24]

Re: Dismissed while on Maternity Leave

Yes you include statutory holliday entitlement as you still accure it during maternity leave. That will be 28 days a year paid pro rata

If you wish to claim for depression then you mention it but state you leave any possible award up to the tribunal

The reason i say that because any breach of a protected right will autmatically receive a 25% uplift on any tribunal award

[NK1]

Re: Dismissed while on Maternity Leave

Thanks [MENTION=70488]judgemental[/MENTION]

I am going to upload the schedule of loss i have just drafted for you all to check.

do I need to mention about this 25 % uplift or the tribunal will do that automatically?

[judgemental24]

Re: Dismissed while on Maternity Leave

The uplift will be automatic so no worries as this is a protected right claim

[NK1]

Re: Dismissed while on Maternity Leave

SCHEDULE OF LOSS AS AT 01st November 2015






COMPENSATORYAWARD

I am still seeking work but have not yet obtained new employment.






FUTURE LOSSES




I have an ongoing loss of Łxx per week. This consists of


my net loss of earnings only.


I estimate that this loss will continue for a period of months.


Although I am a skilled worker, the local job market is currently difficult


and I am unable to travel extensive distances to work or attend interviews because


I have to care for my infant daughter. In addition, I need to look for jobs that allow flexible working hours, which was supported in my former place of work. The average period of unemployment for a skilled


worker in my area is 6 months. However, given the restriction


about my hours of work, I submit it is likely to take me longer to find work


than the average worker.




TOTAL FUTURE LOSS (9 months x Łxxx)


Łxxx


LOSS OF RIGHT TO REQUEST




I will have to work for 26 weeks to regain my rights to flexible working and I submit it would be appropriate to award Łxxx (weekly net income) x 8 weeks = Ł xxx to reflect my loss of right to request.


TOTAL RIGHT TO REQUEST
Łxxx


TOTALCOMPENSATORYAWARD


Łxxx






HOLIDAYPAY




Holiday accrual from 1st of March (beginning of Maternity leave) for 39 weeks = 0.615 x 39


Number of weeks/days holiday owed = 23.9 days (4.78 weeks)


Holiday pay due : Ł xx (weekly net income) x 4.78 weeks = Łxxx net






TOTALHOLIDAYPAY
Łxxxx




INJURY TO FEELINGS AND PERSONAL INJURY
as tribunal thinks appropriate.


10% increase in Injury to feelings, aggravated damages and injury to health (following Simmons v Castle)


Interest on injury to feelings from dismissal to tribunal’s calculation date






A

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[MENTION=26290]mariefab[/MENTION] [MENTION=70489]judgemental24[/MENTION]

please can you let me know what you think of the above?

Many Thanks

[judgemental24]

Re: Dismissed while on Maternity Leave

The injury and feelings mighty be an issue as you cannot quantify that

I would leave out the 10% and just leave to the courts owm volition any award

Ask a stupid quetion but does the respondent know of your depression prior to the claim??

[NK1]

Re: Dismissed while on Maternity Leave

Thanks for that [MENTION=70489]judgemental24[/MENTION]. I shall amend the 10%

with regards to the depression- I did inform them via ACAS before I submitted the claim through the tribunal and also made tin clear during the preliminary hearing. Does it make any difference?

[judgemental24]

Re: Dismissed while on Maternity Leave

No worries then as long as it is a matter of record you can refer back to if needed

[NK1]

Re: Dismissed while on Maternity Leave

ok.. thanks very much

[NK1]

Re: Dismissed while on Maternity Leave

@mariefab

@matt3942

@judgemental

Hello All,

I have now heard back from the respondent after submitting further particulars and schedule of loss. Please see attached letter.
Please can you check this and let me know if:

> Can they ask me to pay for their legal expenses?
> Is it unreasonable (as they claim in the letter) to say 'No' i do not want to work for them anymore? Because I am adamant from day 1 that I do not want to work for them anymore.
> Most of the things mentioned in the letter about the 'Judge mentioned this xxx ' are not true reflection of what the judge meant and has updated in post hearing notes.

[mariefab]

Re: Dismissed while on Maternity Leave

So, they can't understand why you are claiming unfair dismissal simply because you were sent a P45 that their systems automatically send out after a period of inactivity.
Did they say anything in the ET3 about the 3 emails you received in May stating that you were dismissed (or words to that effect)?

[NK1]

Re: Dismissed while on Maternity Leave

Thanks [MENTION=26290]mariefab[/MENTION]

They didn't mention anything about the emails in ET3 and I have just received their response to further particulars and again they have completely dismissed the fact that their emails clearly say that I am no longer an employee. Plus my response to those emails very clearly ask the question that I have been 'dismissed' to which the manager responded that I am no longer an employee and I wouldn't be accruing holidays either (as I would have if I was on maternity leave and was promised the same in my meeting in November).