Employment Tribunals

RichardWilson_2

CheekyMonkey22 wrote: »

Pricivius wrote: »

Refreshing honesty!

Pricivius wrote: »

I am a massive realist.

1. Mitigate. You need to prove your financial loss from the date of dismissal. If you have got another job, then your losses are small, but if not, apply for jobs and keep a very good record of your efforts.
I claim ESA (Support group) and DLA, so I have not actively sought work. But I've had a look, it is unrealistic as I'm due more surgery. I do volunteer with a local charity. Enough?
CAB have advised me that my ESA might come back to bite me. I shouldn't be claiming disability benefits if I am fit to work, but it was my employer who ignored 2 medical reports...and Council benefits advisor who filled in my forms.

2. Future employers. Some will ask if you have ever taken a former employer to tribunal. Some may even check without asking. Be ready for this - some employers will not want to take a risk with a litigant.
Happy to discussed with them. I'm unlikely to achieve my previous salary, so new employer will be getting me (and my skills) on the cheap. And I'll tell them that!

3. Disability. From your claim of reasonable adjustments, I presume you are making a disability discrimination claim. If so, be prepared to have to prove you are disabled under the equality act 2010. Depending on your disability, you may need a medical expert's report. The respondent may not concede your disability so be ready for this.
Definately disabled, 7 months in hospital and more surgery planned. They would be idiots to debate this.

4. Schedule of loss. Prepare one as the tribunal will ask for it. Do your research - vento guidelines, basic award etc...
In progress

5. Bottom line. The respondent may offer to settle so have a think about what you are willing to settle for. Be realistic. Principles are expensive and having your day in court is rarely worth it.
My principles went out the window when my employers did. I'll take an apology in the form of compensation/settlement, thank you very much.:beer:

All useful advice. Also found Cunningham and Reeds, Employment Tribunal claims really useful, possibly the best £30 I've ever spent.

Hi,

May I ask how far you are with this case now and what your experience has been? Can you give me any advice on preparing a schedule of loss?

Good luck with your case you seem to be doing well.

Richard:)

Pricivius

The Schedule of Loss will depend on the claim. In the OP's example, basic award, compensatory award (loss to date of hearing and future losses plus loss of statutory rights and pension/benefits and job hunting expenses minus earnings/state benefits) and injury to feelings (based on da'bell), probably... Then also mitigation evidence proving efforts made to mitigate loss...

Be realistic - don't over-inflate to try and scare the employer as it won't work and will likely just annoy them. It's a lot more scary to an employer when an employee presents a feasible schedule that they can envisage the ET awarding on a bad day.

CheekyMonkey22

I've finally received the ET3 (their response) and it basically says they don't understand what my issues/problems are! And that they "genuinely" thought I would not be able to return to work within a reasonable time frame and maintain sufficient attendance. I don't know where they pull these excuses from. I've been fit to work for a year and am working effectively full time on my ET.

I have a CMD shortly and we'll see where we go from there.

CheekyMonkey22

One small consolation is that they have conceded on my physical disability in the physical sense, but make no admissions as to any impact on my mental health.

princessdon

CheekyMonkey22 wrote: »

I've been fit to work for a year and am working effectively full time on my ET.

I have a CMD shortly and we'll see where we go from there.

How long ago was your "unfair dismissal"- confused if you have been fit to return to work for a year?

Emmzi

off work for 7 months and more surgery planned would, in most places I have worked, lead to an ill health dismissal, disabled or not.

So any claim may centre round proper procedure being followed. Did they ask for medical reports etc?

CheekyMonkey22

I was dismissed in December 2011. Confused - yes that's quite the point. I was able to work but still dismissed having never return to work.

Yes, I attended 2 medicals. With regard to my surgery, it is reconstructive, akin to a nose job plus a few other bits and bobs, and therefore doesn't affect my ability to work, Bar the time off work to have the surgery and a short recovery period. I can type, use a telephone etc..

You wouldn't be sacked for having a poor attendance record through illness and having a boob job.

Emmzi

what did your occupational health medicals report back?

And really don't tell me I wouldn't sack someone for illness and a boob job. If they were unable to fulfil the terms of their contract with me, yes I would. Employers are not charities nor are they there to replace benefits. And no ET would expect them to be.

I am trying to help but giving me attitude won't really get us anywhere.

princessdon

Confused yes!

You have been able to work (in your words for a YEAR). It is now May 12. You were dismissed in Dec 11.

So for 6 months they paid you, you said you were fit and they refused to allow you to work?

CheekyMonkey22

I personally had no contact with my employers Occupational Health. They did however write to my specialists and GP.

You appear to have misconstrued my attempt at a reasonable analogy for attitude. And to clarify my surgery is not a boob job, they are fine. I presume you are writing as an employer?

I fully appreciate the employer's situation, however my area of work (research) is flexible enough to cope with extended absence as secondments and overseas duty are routine and the adjustments I had considered reasonable are well within normal working processes, flexi, working from home etc.

If they really didn't not want me to return, I may have considered a compromise agreement. However, they appear to have tried to 'do it on the cheap', hoping I wouldn't take it any further.