Tribunal - Statement of loss?

DebtHater

Hi all,

Am taking an ex-employer to tribunal for constructive dismissal and sexual discrim on grounds of orientation. Long story short, he was a vile verbally abusive man who made jokes about my orientation, despite the fact I am straight and married. I am male too, because that seems to make a difference for some reason. It might also be worth mentioning that this pleasant man made a false allegation to the police that I blackmailed him, and then felt it appropriate to give a statement to social services saying I was a high risk to children!

Anyways, I have been given the hearing date and it has been allocated 1 full day in October.

It states it wants a breakdown of a statement of loss, but I am wandering what would be deemed to be acceptable losses?

I am thinking along the lines of loss of earnings, hurt/damage to feelings, etc etc but is there a maximum limit you can claim?

For example, I worked full time for between £300-£400 per week, on a self-employed basis. I was unemployed for 5 months, at the £300 per week rate that equates to £6000. That seems like a lot?

Anyone have any thoughts?

SarEl

Errmm - before I think about answering that question, may I ask you one? If you were self-employed, how can you be claiming constructive unfair dismissal and discrimination at an employment tribunal? Employment tribunals have no jursidiction over self-employed people, and if this is the case your claim will be dismissed.

DebtHater

SarEl wrote: »

Errmm - before I think about answering that question, may I ask you one? If you were self-employed, how can you be claiming constructive unfair dismissal and discrimination at an employment tribunal? Employment tribunals have no jursidiction over self-employed people, and if this is the case your claim will be dismissed.

I have done my homework, good sir!

You are indeed correct, self-employed people do not have any redress in an employment tribunal, apart from one or two issues such as racial and disability discrim laws.

But, as a taxi driver working a county council school run, I have a contract with the taxi company. They pay me directly in cash. So therefore, I have two agreements with the firm. A self employed one, and an employed one. I have put this through 2 employment solicitors too, who have used previous cases as sources. You can take a self-employed contract into a tribunal and quote relevant "test cases" which would enable them to have the relevant jurisdiction.

This was also explained to the tribunal on the case forms, and instead of asking for a pre-hearing review, they have opted for a full case hearing straight away, so its looking positive from that aspect.

SarEl

DebtHater wrote: »

I have done my homework, good sir!

You are indeed correct, self-employed people do not have any redress in an employment tribunal, apart from one or two issues such as racial and disability discrim laws.

But, as a taxi driver working a county council school run, I have a contract with the taxi company. They pay me directly in cash. So therefore, I have two agreements with the firm. A self employed one, and an employed one. I have put this through 2 employment solicitors too, who have used previous cases as sources. You can take a self-employed contract into a tribunal and quote relevant "test cases" which would enable them to have the relevant jurisdiction.

This was also explained to the tribunal on the case forms, and instead of asking for a pre-hearing review, they have opted for a full case hearing straight away, so its looking positive from that aspect.

The lady is an employment law barrister, and whilst I cannot see the paperwork, I cannot see the strength of the argument you have made. But I would be very concerned at such a case being listed for only a day. Arguing case law in an issue such as this would easily take at least two on it's own. I am not, therefore, quite as sanguine as you that they have made up their mind to accept your argument - because unless the employer intends not to dispute this there will be legal argument and a lot of it. Such a claim could easily go to EAT, and in fact that may be the intention of the tribunal - to make a ruling one way or the other on day 1, then sit back and wait for one side or the other to appeal it. At which point they wash their hands of making a decision and let a higher court do it. It wouldn't be the first time I have seen it happen.

£6k is not a lot to claim for lost earnings. If earnings vary I would evidence the average earnings over a year long period, and use that as the basis for a claim. I would then evidence existing loss (you will be required to demonstrate that you have tried to mitigate loss by finding other work) and if you remain unemployed, a rough guess at future loss (this is usually ruled on for about 6 months into the future, although that is a guideline - the tribunal would determine how long they think it should reasonably take to get another job).