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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 54410
Experience:  Qualified Employment Solicitor
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I need your help to have some clarity around compiling a

Customer Question

Hello, I need your help to have some clarity around compiling a schedules of loss. In particular injury to feelings on a complicated disability discrimination case with multiple heads of claim. Thank you
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Please provide as much information as you can so that I can assist you with the schedule of loss?

Customer: replied 10 months ago.
Of course. My claim consists of disability discrimination on 6 heads of claim. FRA, DD, ID, DAFD, Bullying harrasment and victimisation.My questions are possibly best conducted by phone, but is injury to feelings a single item that covers all those heads, or an injury to feelings on each individual claim, in addition to financial losses?
Customer: replied 10 months ago.
Guidance is unclear, and I ask myself how some claimants can be awarded substantially higher awards than that of the 42000 vento cap, even when accounting for aggravated damages and uplifts for ACAS code of practice breaches
Customer: replied 10 months ago.
In addition, at my CMD prelim I was ordered to present the schedule for arrears of pay and holiday, need I only focus on this for now and worry about future loss and i2f at a later time?
Customer: replied 10 months ago.
The only guidance I can see is on very simple unlawful dismissal claims, and from proffesionals the advice is incongruent to say the least. Please can you clearly demonstrate how i2f is applied to a claim with multiple heads of claim.
Customer: replied 10 months ago.
I'm of the impression that Direct disabilty Discrimination can carry injury to feelings into the high end of middle tier on its own, and then for example indirect discrimination would fall a little shorter say 18000 on its own, and so on so forth. Is this correct? Or is the 42k limit for the whole thing, regardless of the number heads of claims within?
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your responses. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, 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.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. First of all there is no cap on discrimination claims. The Vento guidelines are there to serve as a guidance and not a legal limit. However, the top limit can usually be exceeded only in the most exceptional cases.

However, if there are entirely separate acta of discrimination, then each can carry its own compensation and in these cases the total award can be exceeded. The Vento guidelines can be taken into account for one complaint for discrimination even when it has comprised numerous acts over time. If there were may separate incidents of discrimination though, which were not related and are treated all as separate acts, then they can each attract separate compensation, which would not be limited.

Whether they are treated separately or as part of one large, ongoing, act of discrimination is for the tribunal to decide. It could be a complex determination which takes time, but to start with you can treat them separately and apportion compensation for each alleged discriminatory ground.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you