Schedule of Loss for ET - award more than ask?

Yockie

Hi all,

I am just in the process of completing my Schedule of Loss for the ET hearing and I was wondering if you could help me with what seemed like a trivial question, but now that I have researched and cannot find the answer it really is starting to seem not so trivial.

Can I be awarded more than I am claiming for?

For example (this is not really want I am claiming for, but for the sake of the argument):
In Direct Disability Discrimination case someone claims £50 000.00 for lost earnings. Can the ET awarded him £70 000.00 because they feel he has been too modest in his claim for compensation? Or will they tell him – we would have given you £70 000.00 had you claimed for that much, but since you didn’t – your bad – we can only award you want you are claiming for? (Hence claim as much as you can, to have the chance to be awarded most:)).

I am talking here strictly about the loss of income – I know that injury of feelings is determined by the ET and they can place a person in whatever band they decide, even if a person has placed himself too high/low. Right?

I look forward to your thoughts.

Thanks

SarEl

Lost earnings are "facts" not opinions - so I don't follow your question. You either did or didn't loose earnings, and the amount of earnings you lost can be quantified. So if you earned £20k per year and you lost your job, then your loss in a year is £20k. If after six months you got a job but the job was for £10k pa, then your loss is £10k for the first six months of unemployment, and then £5k for the second six months (the difference between the loss and what you have earned). Do not forget that JSA and some other benefits must be repaid from a tribunal award. So you don't have to deduct such payments from your claim, but you do have to list any benefits that you have received. So if you have got your sums right then there is no reason for anyone to raise the amount, and if you haven't got your sums right the tribunal will not know this because they don't know what your earnings were - if you see what I mean.

Yockie

Thank you for the reply: I see what you mean and maybe I didn’t express the example well enough – it is not unfair dismissal, but its asking for an award compensating the loss of opportunity (i.e. not being shortlisted and/or interviewed and/or employed).

In other words what the potential loss of earnings is – and that has to be “a percentage representing the likelihood of the candidate actually obtaining the job had s/he not been discriminated against”.

So say that person earns £50 000.00 per annum, and they think there was a 50% they ought to have been employed = £25 000.00 per annum. They claim for two years = £50 000.00 claim for compensation. Can the ET then turn around and say – we think you had a 70% chance of being employed, so you we are going to give you £70 000.00, as oppose to £50 000.00 (because 70% of £50 000.00 per annum is £35 000.00 per annum, £35 000.00 times two years is £70 000.00 compensation). Or will they say – we think you had a 70% chance of being employed and we would have given you £70 000.00 had you claimed it, but since you claimed only £50 000.00, we are only going to give you £50 000.00. As I have never been to an ET before, I don’t know what they usually say at the end of the hearing.

I hope this is better explained, though the lots of maths involved does seem to make for a hard reading...

Because the whole issue is – how does one calculate how likely they were to be employed had they not suffered the discrimination?...

Googlewhacker

if you had a 50% chance of being hired then you also had a 50% chance of not being hired and as such discrimination wouldn't have taken place surely?

I do actually understand what you are saying, I am just being a pedant. I would be interested to know how they do quantify the awards for things like this.

SarEl

Ah, ok, I see what you mean. No, if you are saying that you didn't get a job and that the reason was discrimination then your claim is based on the premise that you should have got the job, so you claim the full amount and tribunal decide then whether, and to what extent, they agree with you based on the details of the case. Is that understandable?

Yockie

SarEl, thank you again for the reply. Thank you for the advice as well – I just was not sure that one ought to claim 100%, because that can seem a bit, you know- :think:, big-headed! But I guess, it makes sense to claim for all that you’ve lost and if the ET think that you’ve only lost ½ that for them to give you that, than to claim for ½ of what you’ve lost (out of modesty) and for them to give you ½ of that, i.e. a ¼ of what you deserved!

Googlewhacker – LOL! But one ought to aim for the winning 50% anyway. :laugh:

SarEl

Yockie wrote: »

SarEl, thank you again for the reply. Thank you for the advice as well – I just was not sure that one ought to claim 100%, because that can seem a bit, you know- :think:, big-headed! But I guess, it makes sense to claim for all that you’ve lost and if the ET think that you’ve only lost ½ that for them to give you that, than to claim for ½ of what you’ve lost (out of modesty) and for them to give you ½ of that, i.e. a ¼ of what you deserved!

Googlewhacker – LOL! But one ought to aim for the winning 50% anyway. :laugh:

Assuming they think you have lost anything at all of course You would have to win first!

Yockie

By the way, does one have to deduct the tax from the Schedule of Loss, or claim gross and then pay the tax (as one does). I do know that if one claims over £30 000.00 you have to “gross up”, so does that mean the amount in the Schedule of Loss has to be the net amount?
And you said about showing all the benefits one receives – do they have to be deducted from the Schedule of Loss, or are they just mentioned (possibly on a different document) and once one WINS, repays the benefits then?

Uncertain

SarEl wrote: »

Do not forget that JSA and some other benefits must be repaid from a tribunal award.

This is true.

However, they do not normally have to be repaid if you reach a settlement prior to the tribunal. Keep this in mind when deciding what amount you would settle for.

Also, if relevant, an agreed reference can normally be included in a settlement. However, even if you win hands down at tribunal they cannot order your former employers to write a good reference.

SarEl

Yockie wrote: »

By the way, does one have to deduct the tax from the Schedule of Loss, or claim gross and then pay the tax (as one does). I do know that if one claims over £30 000.00 you have to “gross up”, so does that mean the amount in the Schedule of Loss has to be the net amount?
And you said about showing all the benefits one receives – do they have to be deducted from the Schedule of Loss, or are they just mentioned (possibly on a different document) and once one WINS, repays the benefits then?

You claim gross - taxation is personal and the Tribunal don't know what tax you pay. In terms of any income (whatever the income is from) you show that separately as an income schedule. The JSA and reclaimable elements are often, but not always, separated out and either paid into the tribunal office for direct repayment, or notified to the relevant agencies. But be aware that although the tribunal office usually deals with this, it is your responsibility to know what you must repay and to ensure it is done. It is benefit fraud by you if you don't, and I have known a rare employer to inform the authorities!

SarEl

Uncertain wrote: »

This is true.

However, they do not normally have to be repaid if you reach a settlement prior to the tribunal. Keep this in mind when deciding what amount you would settle for.

True, but also remember that this is still declarable income / capital for benefits payments, and may result in loss of benefit if it is over certain amounts