7. PREPARING FOR THE HEARING
Schedule of LossSome tribunals expect claimants to complete a Schedule of Loss early in the process (though it is expected that you will update this nearer to the hearing) and they often supply a template showing the form it should take. The government plans to make this step compulsory for all claims.
In practice, promptly providing clear information about the value of a claim can help secure an early settlement. It is very important to be accurate and to keep all payslips and other documentary evidence that help prove the claim’s value, including evidence on job-hunting. Where job hunting has been online, download and print off information which shows what jobs you’ve considered and applied for.
Compensation in the tribunal is essentially comprised of:
• a basic award (equivalent to a statutory redundancy payment);
• compensatory award (loss of earnings);
• loss of statutory rights (a set sum of approximately £300 for loss of the security from having sufficient service to claim unfair dismissal); and
• any unpaid contractual sums (e.g. notice pay and accrued but untaken holiday pay).
In discrimination cases, claimants can also seek an award for injury to feelings The level of award is set out in Vento v Chief Constable of West Yorkshire 2003 IRLR 102 as updated by Da’Bell v NSPCC.
Example schedule of loss: Compensation for unfair dismissal
Basic award | ||
£430 (gross weekly wage) x 2 (length of service in years) | + | £860 |
Compensatory award | ||
Loss of pay between 30 April – 20 October 12 [Net weekly wage (£234) x period out of work (25 weeks)] | + | £5,850 |
Increase in other pay from 1 May – 14 July 12 [derived from increase in hours worked as a supermarket shelf stacker from 2 nights per week (c£100 pw) to 3 nights per week (c£150 pw)] 6 weeks x £50 | - | £300 |
Loss of statutory rights | + | £300 |
Failure to give written statement of employment | ||
£430 (gross weekly wage) x 4 weeks | + | £1,720 |
Total | = | £8,430 |
Help calculating the amount of a statutory payment that is due (such as unpaid statutory sick pay) can be found at: www.hmrc.gov.uk/calcs/stat-calcs.htm
And help adding or removing tax from a figure can be found here: www.listentotaxman.com (select the correct tax year).