Remedy award

Rutty

In my remedy hearing I have been awarded
£400 for loss of employment rights
£640 for no contract of employment
£5000 for loss of earnings.

The judge at the hearing said that I was 20% likely to keep my job. Therefore the compensatory award would be 20%. I have therefore been awarded approx £1200. (20% of £6040).

Has an error been made here by the judge? Should I not receive the £400 and £640 in full and the 20% compensatory award just be against the future loss of earnings? Therefore making an award of approx £2000!

Any input on the above would be appreciated.

Takeaway_Addict

Shouldn't it have been 80% if you were 20 % likely to keep the job?

uknick

Rutty

I agree with your calculation, the basic award and any other non compensatory award should be untouched by the 20%.

But, the basic award can be reduced in these circumstance;

* you have been offered your job back by your employer but have refused to go back. If the tribunal thinks it would have been reasonable for you to go back to your job, it may reduce your basic award
* where the tribunal thinks your conduct has been at fault and it should reduce your award as a result
* where you have received statutory redundancy pay.

I'm sure you are going to do this, so apologies for teaching you to suck eggs, but do ask the tribunal for their logic/calculation of the final award.

Did you colleague get their basic award reduced?

Rutty

Thank you,

Yes she too had her award reduced exactly the same as myself.

I have e-mailed the tribunal service and asked if their calculation is correct.