How do I calculate "loss of earnings" in a small claim?

Ricardo1980

Hello,

In the context of a small claim in court, after going to the hearing and winning...

Here:
http://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court
I read:
"This amount can include expenses such as your court fees, reasonable travelling expenses, the cost of staying overnight if relevant, and up to £90 for loss of earnings if you had to take unpaid time off work to attend the court hearing. "

And here:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27
"for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person, and"

My question is, how should I calculate that "loss of earnings" if I am perm?
Do I have to divide my monthly salary by 30? Is there any procedure for that? And what documents should I bring? (I guess my payslip)

Thanks a lot.

wealdroam

Ricardo1980 wrote: »

Hello,

In the context of a small claim in court, after going to the hearing and winning...

Here:
http://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court
I read:
"This amount can include expenses such as your court fees, reasonable travelling expenses, the cost of staying overnight if relevant, and up to £90 for loss of earnings if you had to take unpaid time off work to attend the court hearing. "

And here:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27
"for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person, and"

My question is, how should I calculate that "loss of earnings" if I am perm?
Do I have to divide my monthly salary by 30? Is there any procedure for that? And what documents should I bring? (I guess my payslip)

Thanks a lot.

The real question is how much have you lost.
If your employer has deducted pay from you due to your court appearance, then that is your 'loss of earnings'.
Conversely, if you have had no money deducted from your pay then you have suffered no loss.

A days pay is monthly pay times twelve then divided by 365*.


*or for this year, divide by 366, because it's a leap year.

ARandomMiser

Should the divisor not be 260 (less annual leave entitlement inc. stat days) - on the assumption the person works a 5 day week? Or is it calculated based on 365 for such purposes?

Ricardo1980

wealdroam wrote: »

The real question is how much have you lost.
If your employer has deducted pay from you due to your court appearance, then that is your 'loss of earnings'.
Conversely, if you have had no money deducted from your pay then you have suffered no loss.

A days pay is monthly pay times twelve then divided by 365*.


*or for this year, divide by 366, because it's a leap year.

Thanks for reply.
I understand from what you said that it is up to the employer to deduct one day or not. Is there any legal requirement about that? or is this completely up to the employer? Because if that is the case, I prefer to talk to my employer and ask him to deduct that day, so I can claim that in court if I win.

Thanks.

wealdroam

Ricardo1980 wrote: »

Thanks for reply.
I understand from what you said that it is up to the employer to deduct one day or not. Is there any legal requirement about that? or is this completely up to the employer? Because if that is the case, I prefer to talk to my employer and ask him to deduct that day, so I can claim that in court if I win.

Thanks.

If your employer is not going to deduct pay because of your non-attendance at work, then my thought would be that to keep it simple do not bother trying to claim any loss of earnings via the court.

There is also the matter that one is supposed to mitigate one's losses. You suggesting to your employer that he deducts pay from you, seems to be exactly the opposite.

Ectophile

It sounds like you may be pushing it a bit if you actually ask your employer not to pay you, just so that you can claim loss of earnings.

Most people would just take one day's annual leave.

Gavin83

Ectophile wrote: »

Most people would just take one day's annual leave.

However in this situation I'd still expect them to be paying me a days salary. That's still a days annual leave I could be using for something else, or alternatively not using at all and cashing in for a days pay.

OP, the info you need will most likely be on your pay slip. Alternatively try asking your employer.

Ricardo1980

wealdroam wrote: »

If your employer is not going to deduct pay because of your non-attendance at work, then my thought would be that to keep it simple do not bother trying to claim any loss of earnings via the court.

There is also the matter that one is supposed to mitigate one's losses. You suggesting to your employer that he deducts pay from you, seems to be exactly the opposite.

I agree, but I have to ask and see my possibilities.

Ectophile wrote: »

It sounds like you may be pushing it a bit if you actually ask your employer not to pay you, just so that you can claim loss of earnings.

Most people would just take one day's annual leave.

I disagree, I don't want to spend one of my day's annual leave in court.

bod1467

Ricardo1980 wrote: »

Hello,

In the context of a small claim in court, after going to the hearing and winning...

Assuming you haven't been there yet, isn't this a little presumptuous?

As others have said (and you've discovered yourself), costs are limited in the small claims track. You can claim higher costs (if the other party have acted unreasonably, and subject to the judge agreeing), but this isn't usual.

Hintza

My thoughts would be how far do you push it? If the judge thinks your are being greedy he might cut the claim. Just be careful.

It might be prudent to have your ducks in a row and ask the judge on the day what he thinks. They tend to like that sort of thing.

steampowered

In light of the advice you've been given, let me explain the following:

- If you take a day's annual leave to attend the hearing, you can claim for loss of earnings. This is widely accepted in the county court system. Contrary to what some posters have suggested you do not need to ask your employer to actually reduce your pay. It is probably best to calculate this as your weekly or monthly rate divided by the number of working days in the relevant period.

- The best way of doing this is to prepare a separate costs schedule setting out the costs you are permitted to claim under CPR 27. This will include the issue fee and hearing fee you paid, as well as your loss of earnings and any travel expenses. You do not need to specify these types of costs in your claim form or particulars of claim.

- It is not true that loss of earnings are only payable in small claims in the case of 'unreasonable conduct'. The CPR specifically allows you to claim for the costs of issuing your claim and loss of earnings (and a few other things) for attending the hearing under the general 'loser pays the winner's costs principle'. It is only extra costs - notably the ability to claim for time spent dealing with the case at £18 an hour which is the litigant in person rate - which are only awarded in cases of unreasonable behaviour. This is all spelt out in the small claims track rules in black and white: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14.

- It is not true that the judge might cut your claim as a result of claiming valid costs which are due under the Civil Procedure Rules. Court hearings a multi-stage process. The way court hearings normally work is that the judge decides on the actual claim first, gives judgment and only comes to consider what costs should be paid at the end of the process. This is sensible because the costs position obviously depends on whether your claim is successful.