Schedule of Loss

00five

Please can someone on here be able to advice.
Should the schedule of loss be limited to one year? Say the hearing is set to 2020 and the gap between the redundancy and Final hearing date is over 18 months, up to when should the details on the SoL show for please?
Is there a cap of one years Gross Salary for Unfair Dismissal and of so should we adjust the SoL accordingly?
Thank you.

Blatchford

You don't assume anything. You claim for your losses. If the tribunal deems some of those not acceptable, they will determine that.

00five

thank you, thats what I did but they have written to the tribunal to say that this exceeds the cap of 52 weeks etc. They say there is a statutory cap on the amount of damages you can claim under the Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013 (SI/2013/1949). The cap is limited to your annual gross salary,

Blatchford

And they can argue anything they want. Your loss is your loss. They will have an opportunity, if you win, to put an argument about what those losses are. They could equally argue that you haven't tried to mitigate the losses. Or anything else they like. The tribunal will come to it's own conclusion. Which might be less than 12 months salary (and often is), so you start from what your loss is. Not what they would like it to be.

00five

Thanks again.
Should we include Job Seekers Allowance in the SoL please?

steampowered

They are correct with regards to the compensatory element of the unfair dismissal award. See http://www.legislation.gov.uk/uksi/2013/1949/article/2/made.

Remember that the basic element of the unfair dismissal award is separate and should be shown separately on the SoL.

JSA should be included in the SoL but may not be paid to you ... see https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-is-your-compensatory-award-below-the-cap-and-will-any-welfare-benefits-you-ve-received-reduce-it/.

00five

Yes I read that too but isn't the SoL a list of our "true loss" due to the dismissal and then depending on the outcome the Tribunal will put a cap if it does exceed the 52 wks?
Does anyone know how the Loss of pension is calculated please? Is it not the total pension p/a divided by the no of months/wks?

Marcon

00five wrote: »

Yes I read that too but isn't the SoL a list of our "true loss" due to the dismissal and then depending on the outcome the Tribunal will put a cap if it does exceed the 52 wks?
Does anyone know how the Loss of pension is calculated please? Is it not the total pension p/a divided by the no of months/wks?

Give ACAS's free helpline a ring.

What sort of pension is it - defined benefit or defined contribution?

00five

Thanks. ACAS aren't sure either :-)
Not sure of the pension type tbh, but the sample template on CAB shows employers annual contribution and the judiciary.gov.uk guidelines its a different method.

Marcon

00five wrote: »

Not sure of the pension type tbh,

You need to find out - have a look at the pensions paperwork you will have received and/or the scheme handbook if you have one.

00five

Thanks again. Had a look on the paperwork but doesnt say which type.
I can call them and ask which type it is. Is there an online calculator to work this out pls?