How to write a remedy (employment tribunel)

Confusedbloke

Hello everyone.

Not used these forums for a while. I am seeking just a little advice.

I was recently unfairly dismissed from a job I had. I went through the process etc, I recently filled in an ET1 form.

I received an e-mail stating that I must write a remedy. I will paste the exact part below here;

The claimant shall set out in writing what remedy the Tribunal is being asked to award. The claimant shall send a copy to the respondent. The claimant shall include any evidence and documentation supporting what is claimed and how it is calculated. The claimant shall also include information about what steps the claimant has taken to reduce any loss (including any earnings or benefits received from new employment)

This seems fairly typical, I googled the exact paragraph and it pops up everywhere. The question I am asking is - How exactly do I write this?I have a Schedule of Losses sheet which I will attach, but I really do not know how to phrase the email?

Do I simply write Dear Sir/Madam, my remedy is xxx?

There are no templates online that I can find, really confusing. A template would really help if anyone can point me towards one!

Thank you for any advice!

jobbingmusician

Let me be clear - I don't know either.

But from reading these pages, my understanding is that a remedy is an expression of what you want from the tribunal. This is normally money, and the remedy is a breakdown of why.

So what I would put is something like the following. Please note that I've tried to include a few different areas where people might have incurred expenses, in case you (or someone else reading this thread) hadn't realised they could include this thing. I am not trying to put words into your mouth or suggest that you claim for things which may not have happened.

Remedy statement

I have calculated that the actions of my former employer have cost me considerably in direct costs, and have listed these below. I have obviously made all possible efforts to mitigate these costs, and in particular can provide evidence of a comprehensive job search during my period of unemployment.

I was unemployed from [the date of dismissal] until [date of new employment or present].

Costs due to loss of income = (calculate take home pay for the period)


I calculate that it will take me another year to get a job. This would cost = (calculate take home pay for the period). [The employer may actually be able to mitigate this loss by providing a fair reference which reflects the fact that my dismissal was unfair.]

I have some medical costs associated with this case. They are as follows
[Any medical costs]
[Costs of any counselling]

There have been costs associated with preparing my tribunal case. These are as follows
[costs of any legal advice. This includes travelling costs]
[costs of any copying]
There have been costs associated with the sudden loss of income, which are as follows
[costs of any overdraft fees and/or loans]

Because my dismissal came at no notice, I also incurred the following one off costs
[misc costs - for example, you may have had to hire a car for a short time if your company car had to be returned]

[Miscellaneous costs - anything else you think is valid, with explanation]

The total of direct costs is therefore £x.

I have not included any claim for the distress and suffering, and injury to my personal reputation, caused by these events. I am inexperienced in tribunal claims and so feel it is sensible to leave these to the expertise of the tribunal, but feel that I should stress that this whole event has had a serious effect on my wellbeing [and general health].



Comments in square brackets are simply for your consideration. I am hoping those with more experience or more common sense might contribute to this thread, which I can see might be a resource to many in the future.

Confusedbloke

Hi, thanks for the reply.

Yes, I am aware of what a remedy is, as I stated in my opening post I already have a Schedule of losses which I will attach. So my losses are already set out.

But I do not know how to approach the e-mail. For example, in your reply you started with

'Remedy statement'

I cannot start the email like this because I have an attachment. I do not know whether to write just 'Remedy statement attached' or 'Dear Sir/Madam' etc.


Also, it states that I must send this to my former employer too, but does not say how. Which email do I use etc? Not much information included.

jobbingmusician

OK, you are right. If you are including a schedule of losses as well, I think remedy should maybe.............

At this point I turned to Google for further clarification and found the below. Does this help? I thought I'd got confused between a schedule and a remedy, but this seems to suggest they are the same....


https://www.employeerescue.co.uk/advice/employment-tribunal-county-court-high-court-claims/how-to-prepare-a-schedule-of-loss-for-unfair-dismissal/

Brynsam

There is no template because there is no standard requirement.

Put the word 'Remedy' in the subject line of your e-mail and then the words 'Please see attached' in the body. Then just attach all the documentation you wish to send.

As to the e-mail to use for your employer, the Head of HR is the obvious candidate if the paperwork you've amassed since filing your claim doesn't cite anyone else as the contact point.

Savvy_Sue

Am I wrong to think that a remedy in this situation might include being reinstated with no loss of pay? So is that something you'd welcome? (I know I wouldn't ...)

Confusedbloke

That certainly would not be a remedy! Imagine going back after my own boss dismissed me unfairly

Thank you for the answer. I did not want to appear impolite or improper..

Savvy_Sue

Well, neither you nor I would want it, but that IS what some people want, and it IS, I believe, what sometimes happens. I googled "reinstatement after employment tribunal" and several useful articles came up.