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Ask Ed Turner Your Own Question
Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1367
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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What should a witness statement for a remedy hearing

Customer Question

What should a witness statement for a remedy hearing include?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ed Turner replied 7 months ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer. However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 7 months ago.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Is this for an Employment Tribunal claim?

Customer: replied 7 months ago.
Apologise for the delay in responding but I was advised that you had access to the previous dialogues. Yes this question relates to an employment remedy hearing.
Expert:  Ed Turner replied 7 months ago.

It depends on what you are you claiming: Wrongful Dismissal, Unfair Dismissal or Discrimination, Detriment and Injury to Feelings on the basis of Protected Characteristic such Race, Gender, Pregnancy/Maternity or making a Public Interest Disclosure (Whistleblowing) or a combination of all of those. However, my next replies will give a breakdown of possible damages.

Expert:  Ed Turner replied 7 months ago.

There are several types of damages a Claimant may claim against a Respondent (their Employer) in the Regional Employment Tribunal.

Wrongful Dismissal – This is essentially a claim for breach of contract and can be brought in the Tribunal or the Civil Courts. Damages are the Employee’s Payment In Lieu of Notice (“PILON”) under their contract of employment (or the statutory minimum notice periods under the Employment Rights Act if there was no written statement of terms of employment), together with any further accrued benefits, such as performance-related bonus, sick pay and holiday pay. Damages are net of PAYE National Insurance and Income Tax deductions.

Unfair Dismissal – This is a claim under the Employment Rights Act 1996 and has two heads of damages: Basic Award and Compensatory Award.

The Basic Award is based on the Statutory Redundancy Formula which depends on the Employee’s age, length of service and final weekly net wage at the Effective Date of Dismissal. You can calculate your Basic Award using the Government’s online calculator: https://www.gov.uk/calculate-your-redundancy-pay

The Compensatory Award is intended to compensate a Claimant for Loss of Earnings while the find a new job of comparable salary as a result of the dismissal. There is a cap of the lower of the Statutory Cap (which is currently approx. £85K) or 52 weeks’ gross wages. There are also claims for Loss of Statutory Rights (such as if the employer did not provide the employee with a written contract or statement of terms) and the travel costs of attending interviews with prospective employers.

Discrimination – Finally, if the Claim involves Discrimination on the basis of a Protected Characteristic under the Equality Act, or Detriment to an employee who made a Protected Disclosure in the Public Interest of the employer’s malfeasance (Whistleblowing), a Claimant may claim additional damages for Detriment, Discrimination and Injury to Feelings under the Vento Guidelines. The damages will depend on the length and severity of the harassment and victimisation against the Claimant. This is quite a complex area, but there is useful advice on the ACAS and Citizens Advice websites.

Expert:  Ed Turner replied 7 months ago.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Expert:  Ed Turner replied 7 months ago.

Do you still need expert assistance in this matter?

Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd