representing myself at employment tribunal, schedule of loss.

mollyanna22

I am representing myself at tribunal. the dates have been set for July 2014.
I have to however provide a schedule of loss by Friday this week. It is a Disability Discrimination case and i know you have to add into your schedule of loss Injury to Feelings and Injury to health.
Do i have to put in a figure for this? There does not seem to be much guidance and I don't really know what to do. Do you make up a figure?

I hope someone can help me.

monty-doggy

Who told you that? Usually a schedule of loss is just that- out of picket expenses/loss of earnings. The tribunal will award compensation for hurt feelings etc.

All you need to state is your actual losses to date.

ohreally

..........

There are different kinds of claims that you can make and it is important to ensure that all are submitted. These are:
• claims for actual financial loss of earnings and any other sums lost as a result of the employer’s discriminatory acts;
• injury to feelings damages — these are said to represent the hurt that you experienced from having been discriminated against; and
• aggravated damages — these can take into account the manner of your dismissal.
Following the decision in Chief Constable of West Yorkshire Police v Vento (No 2) CA 2002 EWCA Civ 1871 (as updated by Da’Bell v National Society for Prevention of Cruelty to Children UKEAT/0227/09), damages for injury to feelings fall into three bands. In the most serious of cases, such as where there has been a lengthy campaign of discriminatory harassment, damages are likely to be between £18,000 and £30,000.
For cases of mid-level seriousness (i.e. serious cases which do not warrant an award in the top category) damages are likely to be between £6,000 and £18,000. For less serious cases (such as where the act of discrimination is an isolated, or one-off occurrence) damages are likely to be between £600 and £6,000.
Also, aggravated damages can be awarded if the defendant has behaved in a high-handed, malicious, insulting or oppressive matter: Alexander v Home Office CA 1988 ICR 685

uknick

My solicitor advised me to put in the schedule of loss `injury to feeling` and leave the actual figure blank.

The ET are then aware I was claiming for injury to feeling. The actual figure will be decided at the remedies hearing if you were to win your claim.

Also, don't forget any loss of pension rights if you were a member of their occupational scheme. This area can be difficult to calculate and you may need some professional help.