Tribunal date given, I have to now give details of remedy sought and mitigation

southerly

I have had my claim accepted and have a date in February for a tribunal. When I filled in the online claim form I ticked the box to say I wanted 'reinstatement on a different contract'. I left blank the later box where you could put furhter details of what you wanted to claim, as that box was not compulsory.
I now have to sent to the tribunal and my ex employers in writing, what remedy the tribunal is being asked to award. Can I just repeat again that I would like reinstatement on a different contract to my old job? I know that is very unlikely to happen in practice, but I am not in a position yet to calculate what I would want to claim for loss of future wages.

I also have to include information about steps I have taken to reduce any loss. I have been ill since I was made redundant and have been getting doctors certificates. I hope that soon, and certainly before the tribunal I will be well enough to look for and hopefully find a new permanent job. Again, how much detail will be expected, as I don't want to antagonise the tribunal board? Can I just say that I am ill and have Dr's certificates? I know that I will need to keep records of all job searching, when I am able to do so.

This has to be sent by a certain date. Am I right in assuming that the information has to be received by the tribunal and my ex employer by that date, or does it just have to be sent by then?

Jarndyce

southerly wrote: »

I have had my claim accepted and have a date in February for a tribunal. When I filled in the online claim form I ticked the box to say I wanted 'reinstatement on a different contract'. I left blank the later box where you could put furhter details of what you wanted to claim, as that box was not compulsory.
I now have to sent to the tribunal and my ex employers in writing, what remedy the tribunal is being asked to award. Can I just repeat again that I would like reinstatement on a different contract to my old job? I know that is very unlikely to happen in practice, but I am not in a position yet to calculate what I would want to claim for loss of future wages.

You can just repeat that, but you should know that it is very, very rare for tribunals to award reinstatement or reengagement, still less for employers to agree to it and implement it smoothly. Much more realistic for you to seek compensation only and put forward a schedule of loss, or even to put forward a SoL as an alternative to reinstatement (ie to be referred to only in the event the tribunal do not agree to order reinstatement).

I also have to include information about steps I have taken to reduce any loss. I have been ill since I was made redundant and have been getting doctors certificates. I hope that soon, and certainly before the tribunal I will be well enough to look for and hopefully find a new permanent job. Again, how much detail will be expected, as I don't want to antagonise the tribunal board? Can I just say that I am ill and have Dr's certificates? I know that I will need to keep records of all job searching, when I am able to do so.

If you are genuinely ill and unable to look for work, then the sick notes will suffice. But bear in mind that this may well have an impact on the tribunal's assessment of compensation. Depending on the time elapsed they may take the view that you would have been dismissed for capability grounds by now anyway and limit your compensation accordingly.

This has to be sent by a certain date. Am I right in assuming that the information has to be received by the tribunal and my ex employer by that date, or does it just have to be sent by then?

If it says 'sent by' it means sent by! What does the direction actually say? But received/sent nobody is going to quibble one or two days either way. And it does not need to go to the tribunal, only the other party (usually - but check the directions carefully - they should be quite clear).

southerly

Glad to hear that a day or two would not matter, I was getting a bit worried about the date, as I was sent a case management orders timetable which says at the bottom that there can be a fine of up to £1000 for failing to comply. The direction says 'the claimant shall set out in writing what remedy......The claimant shall send a copy to the respondent'. The date is written next to it, with 'by no later than' at the top.
Thanks for pointing out that I may only need to send it to the respondent, it does not say that the tribunal needs to be sent it, it was just the use of the word 'copy' that confused me, I wrongly thought if the respondent gets a copy them somebody else must get the original!

I has just occured to me that I think could email it and don't necessarily have to send it in the post?

Good point about my illness and incapacity, it has been almost 4 months now, although while I was with that employer, over the 4 years they had at least 2 people (out of approx 20 in my office) that were off sick for at least as long as that, and no-one was ever made to leave. Also when I left somebody had been off for months due to her partner (they had only been together less than a year, and not married) being ill.