Statement of loss - advice please!

The_DJ_2

Hi,

In a rather complicated legal situation. I am currently taking my former employers to tribunal and I have been asked to provide a statement of loss to the respondent's solicitor.

The bare bones of the case are that I was on maternity leave and was hoodwinked into resigning just a matter of days before my entire department was made redundant. I am under no illusion that my job would have been made redundant too.

This happened in October (coinciding with the end of my SMP) and I would not have been due back at work until later this month. To this end I am not sure what to put in my schedule of loss.

In addition to claiming the basic award for number of years service (7), plus notice pay (7 weeks per number of years worked), do I...

a) claim for all lost earnings from my leaving date (Oct 11) until the tribunal date (minus any new earnings received), plus future earnings?

b) claim for lost earnings from the date at which my maternity leave ended (Jan 12) until the tribunal date (minus any new earnings received), plus future earnings?

c) claim only what I would have received on a statutory basis if I had been made redundant? If so, presumable I can't claim for any past/future earnings in addition?

What else can I realistically claim for? Holiday pay? Travel expenses for seeking new employment? Injury to feelings? Loss of statutory rights? Breach of statutory dismissal process?

Any advice gratefully received? Am floundering a bit...

Many thanks

SarEl

The answer is B - and the rest depends on what your claim is.

How does someone "hoodwink" you into resigning? It's the sort of thing you'd notice!

McKneff

'Hoodwinked' how so????

The_DJ_2

By orchestrating a situation whereby I had no option but to resign, thereby avoiding making me redundant and paying me what I would have been due had I been made redundant. Obviously if I had had any inkling that redundancies were about to take place, I would not have resigned.

Thanks for your reply.

SarEl

"Orchestrating" and "hoodwinked" mean the same thing - they mean you aren't saying what happened. Ignore the redundancies for now - I presume that you knew you were resigning? Why on earth would you have done that? We are trying to help!

marleyboy

I dont think saying the word "hoodwinked" to the case would help you. You will find they are covered and can safely and legally say that you voluntarily resigned. Regardless of how they may have "hoodwinked" you, you ultimately resigned voluntarily.

The_DJ_2

I resigned because the line from the company was that they couldn't offer me anything other than my old role, knowing full well that it wasn't financially viable to come back to that role because of childcare costs. Nothing illegal in that, I know, but I was contacted out of the blue suddenly to be advised that this was the case, that I was expected back at work the following week (not correct) and that I needed to inform the respondent directly of my decision. What I didn't know was that they were lining up my department for redundancy.

And because I felt it was inappropriate to be actively looking for freelance work whilst still employed by my former company, I felt it best that I resign. Stupid and naive in hindsight, I know, but I felt it was duplicitous and dishonest to do otherwise as I wanted to remain on good relations with them.

The_DJ_2

marleyboy wrote: »

I dont think saying the word "hoodwinked" to the case would help you. You will find they are covered and can safely and legally say that you voluntarily resigned. Regardless of how they may have "hoodwinked" you, you ultimately resigned voluntarily.

I only use this word as it was used both by ACAS and an employment solicitor. I remember finding it surprising that they both used the exact same term when I had described my situation.

McKneff

Very very few employees win Tribunal cases, personally I dont think you have a leg to stand on.

The financial viability is irrelevant to the company, it is your problem to solve, not theirs, you maybe could have upped your income by doing a second job say on an evening.

Legally, they offered you exactly what they were required to do by law.

SarEl

The_DJ wrote: »

I only use this word as it was used both by ACAS and an employment solicitor. I remember finding it surprising that they both used the exact same term when I had described my situation.

"Hoodwinked" you may have been - that does not make it unlawful, as both ACAS and a solicitor ought to know. They were not required to tell you that your job would be made redundant - they told you that flexible working was not an option upon your return (which would appear not to be a lie). The decision to resign was yours.

But you still haven't said - what are you claiming? If it is constructive dismissal you are well and truly screwed...

The_DJ_2

Four counts of direct sex disc, a further count of indirect sex disc, as put forward by judge in recent case management discussion.