How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50150
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I'm preparing a schedule of loss discrimination and

This answer was rated:

Hi, I'm preparing a schedule of loss for a discrimination and victimisation hearing which my partner has in June. Do I make separate claims for injury to feelings? Also, I'm not sure what figure to put on future earnings, I've read as a general rule 3-6 months, can I ask the court to decide as am not sure.Also with regard the claim for age discrimination I've asked the company to provide the ages of the pool I will be comparing myself to. Their representative has said this question is inappropriate and is a matter for cross examination. Can I ask the tribunal to order that they provide the informationThank you for your assistance.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question.
Please can you briefly outline the nature of the claim so that I can assist you further.
Customer: replied 1 year ago.
Basically, my partner has a claim for age discrimination and victimisation in respect of a reference. 90% of staff are in their late 20s, my partner was dismissed short of 2 years and given a disciplinary for performance which appeared on a reference. As he billled 800,000 for the company and had a bonus and salary increase prior to dismissal he believes that he has been discriminated against. His much younger colleagues were kept on, he is in his mid fifties. The company agreed to give a bare facts reference upon future request after they gave a poor reference to his new employer but company policy is not to give a bare facts reference, and at a preliminary hearing the judge has allowed a claim for age discrimination and victimisation to go through to a final hearing. The respondent has answered no questions in the ACAS questionnaire and no specific questions, disclosed no documents by the disclosure deadline
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Compensation for injury to feelings is part of the discrimination claim so you will just include it in the normal schedule of loss. You only need one schedule for your claims and you can have separate heads of claim in it to cover all the claims you are making. Compensation for injury to feelings is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:• 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)In terms of loss of earnings it would depend on wether he has found a job yet and if not, how long it ,ay reasonably take him to do so. If he has one already then the losses will only cover the period between dismissal and starting the new job, if not yet then he can claim for ongoing losses. Whatever you claim the tribunal decides the final compensation anyway so whatever you put will just be there as a starting reference. So 6 months is something you can claim and if needed it will be adjusted by the tribunal when it comes to compensation calculation at the end of the process. Finally, the age pool. I do not see this being an inappropriate question and is valid in the circumstances. You can make a request to the tribunal to order the disclosure of this information and they will consider if it is relevant and whether to order it.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Ben Jones and 2 other Employment Law Specialists are ready to help you