Employment Tribunal Help

Ddunn

I've recently had my ET1 accepted and been sent notice of a claim. Had two questions if anyone could help please

1) Does this mean there will be no pre-hearing since a notice of hearing date has been given? Or will this be decided after the ET3 has been returned?

2) The thing I need to do is to send in my 'Remedy' for my losses. In my ET1 I asked for re-employment so should I just include loss of wages up to the Employment tribunal date, or should I include furute losses after that in case I win and don't get a re-employment order(I know these are rare)?

Hope that makes sense and thanks for any replies!

Uncertain

Ddunn wrote: »

.... and don't get a re-employment order(I know these are rare)?

Very rare and even then the firm can just ignore it for a relatively small additional financial award.

Are you absolutely sure you would want the job back in the real world after taking them to a tribunal?

Ddunn

Uncertain wrote: »

Are you absolutely sure you would want the job back in the real world after taking them to a tribunal?

It is a job I quite enjoyed and the reason for the sacking (going for unfair dismissal) was due to things regarding my sickness, not anything to do with performance etc so there wouldn't (hopefully) be any problems with the people I work with on a day to day basis. I struggle to get jobs when it comes to interviews and I can't help to think this would be made worse if I had a sacking on my CV, rather than getting the job back then looking for a new one and resigning.

colinsmith1

1) Does this mean there will be no pre-hearing since a notice of hearing date has been given? Or will this be decided after the ET3 has been returned?

-> there will always be a hearing unless your previous employer does not reply to the tribunal then you will be given a default judgement which they can then also contest, but if they do not they have 42 days to pay.

2) The thing I need to do is to send in my 'Remedy' for my losses. In my ET1 I asked for re-employment so should I just include loss of wages up to the Employment tribunal date, or should I include furute losses after that in case I win and don't get a re-employment order(I know these are rare)?

-> You should include loss of earnings until a date that you expect re-employment, if this is accepted. You will have a meeting with the judge who will determine your loss of earnings if your dismissal was against the law, you should contact ACAS though to find out how to calculate amounts owed.

Ddunn

colinsmith1 wrote: »

1) Does this mean there will be no pre-hearing since a notice of hearing date has been given? Or will this be decided after the ET3 has been returned?

-> there will always be a hearing unless your previous employer does not reply to the tribunal then you will be given a default judgement which they can then also contest, but if they do not they have 42 days to pay.

2) The thing I need to do is to send in my 'Remedy' for my losses. In my ET1 I asked for re-employment so should I just include loss of wages up to the Employment tribunal date, or should I include furute losses after that in case I win and don't get a re-employment order(I know these are rare)?

-> You should include loss of earnings until a date that you expect re-employment, if this is accepted. You will have a meeting with the judge who will determine your loss of earnings if your dismissal was against the law, you should contact ACAS though to find out how to calculate amounts owed.

Many thanks to both of you. So I should just include my wages up to the ET on the assumption if I win I will re-employed. And if they don't re-employ me the judge would decide the award for them not doing so.

Uncertain

Ddunn wrote: »

It is a job I quite enjoyed and the reason for the sacking (going for unfair dismissal) was due to things regarding my sickness, not anything to do with performance etc so there wouldn't (hopefully) be any problems with the people I work with on a day to day basis. I struggle to get jobs when it comes to interviews and I can't help to think this would be made worse if I had a sacking on my CV, rather than getting the job back then looking for a new one and resigning.

I understand what you are saying but in 99% of cases it is hard to see that going back is a realistic option.

A better solution may be to try and reach a settlement that includes a binding, agreed and glowing reference.

A tribunal cannot order this even if you win hands down but it can (and frequently does) form part of a COT 3 agreement negotiated by ACAS. They will become involved automatically to try and broker a settlement before it gets to a tribunal in any case.

Ddunn

Also in my ET1 I claimed for non payment of notice. I did this on the basis that if my dismissal was fair then the PILON was not. Basically, my contract says I am paid £9.57 p/h but 6 months before I was dismissed I got a pay rise to £10.07 p/h (along with paperwork to show pay rise) and they paid my PILON at £9.57. Which rate should my PILON have been paid at?

Uncertain

Ddunn wrote: »

Also in my ET1 I claimed for non payment of notice. I did this on the basis that if my dismissal was fair then the PILON was not. Basically, my contract says I am paid £9.57 p/h but 6 months before I was dismissed I got a pay rise to £10.07 p/h (along with paperwork to show pay rise) and they paid my PILON at £9.57. Which rate should my PILON have been paid at?

The higher figure.

Holiday, at least at the statutory rate of 28 days per year, accrues all the time you were off sick and right up the the end of the notice period. Did they calculate this correctly and pay you for it?

Ddunn

Uncertain wrote: »

I understand what you are saying but in 99% of cases it is hard to see that going back is a realistic option.

A better solution may be to try and reach a settlement that includes a binding, agreed and glowing reference.

A tribunal cannot order this even if you win hands down but it can (and frequently does) form part of a COT 3 agreement negotiated by ACAS. They will become involved automatically to try and broker a settlement before it gets to a tribunal in any case.

That would be a ideal situation. I still have a (disillusioned ) hope that my ex-employer will accept my appeal, which has still yet to be concluded despite being sacked in September!!

Yes I think the holiday pay was right as per the amount of days and the hourly rate was correct

zzzLazyDaisy

YOu say that your dismissal was related to sickness. Is there any possibility that you may have a health condition which amounts to a 'disability' under teh Equality Act 2010. If so you should apply to amend your ET1 to include unlawful discrimination for a reason relating to your disability. You may need to seek advice in order to establish whether this is the case, but watch out for the three month time limit.

Re schedule of loss - calculate the losses to the date of tribunal and at the bottom of the loss of wages part, write 'and continuing'.

This gives the tribunal the option, depending on whether you are reinstated or not (though statistically there is only a miniscule chance of this).

Also, do get help to draft the schedule of loss, or at least google this, to ensure that you do claim all heads of loss. For example the basic award and the award for loss of statutory protection are often missed out by employees who don't know what they are doing. A disability claim would also include injury to feelings, so get advice if you haven't already done so.

Ddunn

zzzLazyDaisy wrote: »

YOu say that your dismissal was related to sickness. Is there any possibility that you may have a health condition which amounts to a 'disability' under teh Equality Act 2010. If so you should apply to amend your ET1 to include unlawful discrimination for a reason relating to your disability. You may need to seek advice in order to establish whether this is the case, but watch out for the three month time limit.

I was sacked due to not handing in sick notes on time and thus them logging me as AWOL, yet after doing a SAR I have proof they know I did, and they even logged me as AWOL the day before ( a Sunday) my first day of absence.

I plan on getting a solicitor via my house insurance once I get the outcome of my appeal meeting.

I found a useful video on youtube about preparing a schedule of loss which was helpful.

Thanks for your reply