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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44900
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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How do I prepare a schedule of loss in a claim for 1. Unfair

Customer Question

How do I prepare a schedule of loss in a claim for 1. Unfair dismissal 2.Age discrimination. 3. Whistle blowing
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know briefly the reasons for the claims?
Customer: replied 3 years ago.

 


I have worked for Local Authority for 31 years and I am 61 years of age, my salary is £40,235 per annum, I was unfairly dismiss under the disguise of redundancy due to my age and because I whistle blow about the process of the propose restructuring of the unit. I was the manager of the unit , unfortunately I was let down by my union representative at the last minute and had to represent myself at the employment tribunal . The tribrunal has been listed for a further 2 days and I need to prepare a scheldule of loss within four weeks.

Expert:  Ben Jones replied 3 years ago.
Your schedule of loss will be comprised of the following elements:

1. Unfair Dismissal

1.1 Basic award

1.2 Compensatory award

You can use this calculator to help you with the structure and calculation: http://www.winstonsolicitors.co.uk/unfair_dismissal_calculator.html


2. Age Discrimination

If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination that the claimant has been subjected to. The discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. These bands are:
• Lower band - for less serious cases, for example an isolated incident or event (£600 - £6,000)
• Middle band - for serious cases which are not serious enough to fall within the highest band (£6,000 - £18,000)
• Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£18,000 - £30,000)


3. Whistleblowing

You would either be claiming future losses, which will already be covered in the Unfair dismissal part of the schedule, or you can also claim injury to feelings compensation, which would be calculated in the same way as for discrimination, above.


Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.

For Ben Jones only,


I received £21,913.19 in reundancy payment for which I did not sign for as the Local Authority procedure states, the money is still in my bank account, would this money be deducted from any claims I would make? Could I request to have my job back and still make claims for unfair dismissal, age discrimination and whistleblowing?

Expert:  Ben Jones replied 3 years ago.
Yes the redundancy will be deducted from any award you make, you can't claim for Basic award then and it may be offset from future losses. You can ask for your job back but then cannot claim unfair dismissal - the other two claims you can still make.

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44900
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

For Ben Jones only


I wanted to work untill I was sixty five as this was the date given for the completion of my mortage payments. I have looked at the compensation payment for unfair dismissal, whistleblowing and age discrimination would these totals reflect the lost of earnings for the next 4 years?


Is there a special format for setting out the schedule of loss for the Tribunal and do I use the figures from the quotation given fromyour web site?

Expert:  Ben Jones replied 3 years ago.
Yes you can claim for the next 4 years although you are unlikely to get full compensation for the whole period. The format of the Schedule would reflect something along the lines of this example (scroll to page 13):

http://www.schofieldsweeney.co.uk/LinkClick.aspx?fileticket=RFmiWeKbrxA%3D&tabid=1912&language=en-GB

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