Confusion, Compensation cap and future loss of earnings.

[FloppyEars]

I read the cap rules regarding a main compensation award for an unfair dismissal case "lower of £78,335 or 12 months pay."
I also read about "future loss of earnings" The confusion i have is that there is a claim of a compensation cap "12 months pay" but also a claim of future loss of earnings. I have found nowhere online that clarifies if "12 months pay" cap applies to future loss of earnings or not. Possibilities are limited to. "Future loss of earnings" are essentially rendered redundent so why is it even mentioned, or the "12 month pay" cap doesn't apply to future loss of earnings, in which case why "isn't" it mentioned.

Hope someone can help clarify

Regards

Toby

[mariefab]

Re: Confusion, Compensation cap and future loss of earnings.

Basic Award- capped at £14,250. Based on length of sevice and calculated in the same way as a redundancy payment (at £475 a week).
Compensatory Award- capped at £78,335 or 12 months pay. Includes past and future loss of pay, loss of employment rights and pension rights.
If reinstatement/re-engagement is refused by employer- Additional Award-26-52 weeks pay at £475 a week.

[FloppyEars]

Re: Confusion, Compensation cap and future loss of earnings.

Thanks for the reply.

"Includes past and future loss of pay, loss of employment rights and pension rights." Well, unless one worked less than a year or the 78 Thou+ limit it doesn't actually include anything, it actually removes all of the above..... (that's not a personal dig at you as i know you're simply relaying information, thanks) Keep watching the x-factor folks, everything is fine.....

[Amethyst]

Re: Confusion, Compensation cap and future loss of earnings.

http://legalbeagles.info/forums/show...80%93-BBC-News

For ref.

She earned £99,907 and was awarded over £800k. I don't have the ruling though so don't know the calculations.

employment tribunal in Nottingham ruled Mrs Marks had been unfairly dismissed after being sexually harassed by Mr Baines and called a “whore”.

Might be some useful things on here http://www.employmentcasesupdate.co....aspx?i=ed16700

[FloppyEars]

Re: Confusion, Compensation cap and future loss of earnings.

From what little i have read about employment law and the difference of "caps" (like you can cap all cases, when each case is individual) sexual harassment cases, whistleblowing have room for more exceptions. With "caps" for an unfair dismissal case (at least according to ACAS, CAB) it's rare that such "caps" are not the limiting factor of any award.

Good on the NHS lady, She was obviously a good asset in her position and lost a good salary, plus all the stress she must have endured. I would have ordered him to attend a logic course too. A whore is someone who would have accepted his advances not rejected them....

[Amethyst]

Re: Confusion, Compensation cap and future loss of earnings.

The video of her talking about the case is quite heartbreaking xx She deserves every bloody penny and a MUCH better apology off the NHS than she got.

Have you a specific case in mind ? From a look through the various rulings I can't see a 12 month cap is applied at all to future loss of earnings.

[mariefab]

Re: Confusion, Compensation cap and future loss of earnings.

Compensation for discrimination, protected disclosure and health and safety claims is unlimited.

[mariefab]

Re: Confusion, Compensation cap and future loss of earnings.

Well, unless one worked less than a year or the 78 Thou+ limit it doesn't actually include anything, it actually removes all of the above.....

I don't understand what you're saying here, how does it remove it?

[FloppyEars]

Re: Confusion, Compensation cap and future loss of earnings.

I don't understand what you're saying here, how does it remove it?

For example, someone got 20k per year at their ex job, won a claim for unfair dismissal. The main compensation award (basic award asside) is limited to 20k (12 months pay), Lets say their loss of pensions rights, loss of past and future earnings amounts to 30k, they're not allowed the 30k as it goes above the 12 month pay cap.

[FloppyEars]

Re: Confusion, Compensation cap and future loss of earnings.

Amethyst, that's where i was confused, the ACAS and CAB websites mentioned something like "The maximum you can claim is ££78,335 or up to one year’s salary whichever is less." I'm enquiring on behalf of someone who worked for 20 years and stands to get less than a years wage (because of the cap) and (after legal fee's paid) 30% no win no fee rate from bodge it and scarper legal services. (no mock to good legal pro's, particular person who shall remain un-named is an incompetent wayward)

I watched the video of Mrs Marks, she looked to have genuine emotion. Not the "have to stop laughing and get into my role" persona that some have. I wonder if Mr Baines kept his job.

[Amethyst]

Re: Confusion, Compensation cap and future loss of earnings.

And the unfair dismissal wasn't due to discrimination? Then she will likely be subject to the cap of a years pay (incl everything past, future etc). The average payout for UD seems to be about £11k ( though usually a lot less as average is skewed a bit by a few massive payouts for H&S etc cases) The Tribunal can up the award by 25% if ACAS CoC disciplinary procedures weren't followed ( but even that is still subject to the 1 year cap) Hardly seems fair to me, especially if she's signed up with some back end 30% fee firm, the MOST she'd come out with is £14k, likely a lot less. Really really hard to have a better idea without all the details and she sounds like it is all in hand with her claim firm. Doesn't seem a massive detterent to firms to not unfairly dismiss does it - with a 20 yr service employee it seems likely to work out cheaper than redundancy.

Mariefab is the best person though, it's not my area, was just reading the MArks/NHS case when I noticed your thread, so I'm just having a ramble xxxx

(Seems Baines was ''allowed to retire with his good name intact" - though think that's screwed now )

[mariefab]

Re: Confusion, Compensation cap and future loss of earnings.

I see, I thought you meant they got nothing.
After donkeys years of just a monetary cap; while the fanfare of introducing employment tribunal fees was going on they quietly slipped in the 1 year limit in 2013. Another small attempt by our benevolent government to protect poor, innocent employers from predatory employees making baseless, vindictive claims.

[FloppyEars]

Re: Confusion, Compensation cap and future loss of earnings.

Another small attempt by our benevolent government to protect poor, innocent employers from predatory employees making baseless, vindictive claims.

"predatory employees" baseless claims" Yeah no doubt :-)

The fact that people basically have no rights outside of a criminal offence unless they've worked somewhere for at least 2 years, coupled with too many "adults" who seem to have lost their moral fiber somewhere along the way, is a great incentive for people to be treated fairly and with dignity in the workplace... add a pressured economy in to the mix.. Sign me up :-)

Amethyst, it was a strict unfair dismissal, cut and shut case in the judges eyes (despite advice from a barrister that it's unlikely to suceed, the same barrister who wants 30%) i personally looked at the case and advised that it's unlikely the barrister is giving correct information, to put it mildly. You make some good points. There's many more i could make but i'll grit my teeth. Some good news, there does seem to be some decent judges within the tribunal framework. The particular judge, in the case I'm refering within this thread, was a good apple, really put his mind to the case, very intelligent, could see through lies, came across as someone who had a strong desire to seek justice.