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Ben Jones
Ben Jones, UK Lawyer
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Is there a way to recover the 'loss of earnings' on a

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Is there a way to recover the 'loss of earnings' on a different court other than the ET?
I worked for the NHS and since 2010 it was documented that I was banded below the necessary and it's not difficult to prove that the duties I exercised were really above my band. However my banding never got reviewed and I resigned for that reason. I recently lost a case on the employment tribunal, mainly because I affirmed the breach of contract (employer failing to review job band). I also claimed unlawful deduction of wages which the ET has no jurisdiction to judge.
I'm disabled by the means of EA 2010 by having Asperger Syndrome and there's evidence of how the fail to review my banding got me stressed.
Many thanks

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. For what period are you claiming loss of earnings?

Customer: replied 1 year ago.
Early in 2010 I raised the issue. In July/2010 a manager documented that I was banded below the necessary I think around this time would be reasonable. Othwerwise from the earliest I am allowed to.

When did you start getting paid what you were actually entitled to?

Customer: replied 1 year ago.
39;Entitled' by contract I've always got paid correctly which was a Band 5 grade. However I was exercising duties and responsibilities above that band and I have plenty evidence of that. I never got upgraded or had the JD reviewed.

ok and what is the period you were due to get paid more - from what year to what year?

Customer: replied 1 year ago.
From March/2010 to March 2015 when I resigned.

Apart from the tribunal your only other option is the county court. The issue there is that you can only make a claim for breach of contract. So you would have to show that you had not been paid as per your contract and that the employer had breached it by not paying you what you were due. In the circumstances that may not necessarily be possible because the employer is likely to be able to show that they had paid you as per your contract so a breach of contract claim may not be allowed through. Another issue is that you cannot make a claim for the same thing twice, even if the first time it was made in a different venue. This is a legal principle called res judicata, which means that one a court of law has made a formal determination in a cause of action, barring a formal appeal, you cannot then get ‘another bite of the cherry’ by submitting a new claim on similar grounds or in a different venue just to have another go. So even if the county court could have heard this, the fact that you have already had one claim formally determined, means that you would be legally prevented from making another claim on those same grounds.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 1 year ago.
Thanks. But the claim on the ET failed because the ET had no jurisdiction to hear it. My claim of 'Loss of Earnings' is for damages, not breach of contract. So the question is Can I prove that my contract should have been changed and I should have been paid more?
Customer: replied 1 year ago.
The breach of contract would be the employer failing to review my job description after several requests of mine.

Hi there, failure to review a job description does not amount to a breach of contract unfortunately. In any event the only venue available for you now is the county court - so if you are intent on pursuing this further that is where you would have to go and submit a claim. I can discuss the process for doing if needed.

Ben Jones and other Law Specialists are ready to help you

Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 1 year ago.
Thank you very much.

You are most welcome