Taken employer to employment tribunal

68ComebackSpecial

Johny86 said:

macman said:

What advice do you want? What resolution are you actually seeking from this process?

Never done anything like this before and I do not know what to do. I am seeking loss of earning compensation. I applied for jobs but wasnt able to get it due to them not giving any reference. He was so unfair he did not let me go nor willing to offer me any hours. I do have a job now but had to struggle to find it

An employer isn't obliged to provide a reference and it is exceedingly common that any given amount to no more than confirmation of job title and employment dates.

thebrexitunicorn

Johny86 said:

steampowered said:

You now need to follow the "case management order" issued by the Tribunal. You need to follow it to the letter.

As set out in the case management order, you need to send the claimant by next Monday details of exactly what remedy you are asking the Employment Tribunal to award. Specifically - the £ amount you are claiming, and how you calculated that amount.

Op, it sounds like you have a lot of work to do this weekend if you want your case to continue !

What you need to understand is that it is YOUR job to work this stuff out and YOUR job to clearly explain it to the Tribunal. The Tribunal is not ACAS and it is not your solicitor - you cannot just give the Tribunal a long spiel, the Tribunal is not going to work out the details of your case for you. You opening post did not make it clear what you are actually claiming for (e.g. is this an unfair dismissal claim? A lot wages claim? What are you claiming for)? and had no paragraphs. If you try doing that with the Tribunal your case will probably get thrown out - you really need to focus on explaining yourself clearly.

See an example statement of loss here, which will give you a starting point as to what the document you need to provide next Monday should look like, though I expect your statement of loss will be shorter and simper than this example:
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-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/

Thank you so very much for your input. Although I did not clarify what remedy I was asking for but somehow you read my mind. Yes loss of earnings indeed. Please provide me further links if you have any. It was very helpful. Am I allowed to send the tribunal and the employer the remedy by email or it has to be by post? Sorry my fault for leaving it last minute

Email is probably better, tribunals have no problem accepting correspondence by email.

74jax

Johny86 said:

macman said:

What advice do you want? What resolution are you actually seeking from this process?

Never done anything like this before and I do not know what to do. I am seeking loss of earning compensation. I applied for jobs but wasnt able to get it due to them not giving any reference. He was so unfair he did not let me go nor willing to offer me any hours. I do have a job now but had to struggle to find it

It is worth remembering a company doesn't need to provide a reference. My last job was with a ftse100 company and standard practice not to.
How long did it take from leaving the job to finding new employment? 

Johny86

74jax said:

Johny86 said:

macman said:

What advice do you want? What resolution are you actually seeking from this process?

Never done anything like this before and I do not know what to do. I am seeking loss of earning compensation. I applied for jobs but wasnt able to get it due to them not giving any reference. He was so unfair he did not let me go nor willing to offer me any hours. I do have a job now but had to struggle to find it

It is worth remembering a company doesn't need to provide a reference. My last job was with a ftse100 company and standard practice not to.
How long did it take from leaving the job to finding new employment? 

74jax said:

Johny86 said:

macman said:

What advice do you want? What resolution are you actually seeking from this process?

Never done anything like this before and I do not know what to do. I am seeking loss of earning compensation. I applied for jobs but wasnt able to get it due to them not giving any reference. He was so unfair he did not let me go nor willing to offer me any hours. I do have a job now but had to struggle to find it

It is worth remembering a company doesn't need to provide a reference. My last job was with a ftse100 company and standard practice not to.
How long did it take from leaving the job to finding new employment? 

about 6 months

KatrinaWaves

Do you have other reasons for the tribunal? You will not win for them not giving you a reference... 

Undervalued

74jax said:

Johny86 said:

macman said:

What advice do you want? What resolution are you actually seeking from this process?

Never done anything like this before and I do not know what to do. I am seeking loss of earning compensation. I applied for jobs but wasnt able to get it due to them not giving any reference. He was so unfair he did not let me go nor willing to offer me any hours. I do have a job now but had to struggle to find it

It is worth remembering a company doesn't need to provide a reference. My last job was with a ftse100 company and standard practice not to.
How long did it take from leaving the job to finding new employment? 

There are a few exceptions to that general rule in certain regulated professions. But otherwise yes, very true.

Johny86

KatrinaWaves said:

Do you have other reasons for the tribunal? You will not win for them not giving you a reference... 

Yes loss of earnings. They have not dissmissed me nor providing any hours since February 2020 so basically he kept me hanging. I do not know what do you call this category?

Johny86

guys I am scheduling a loss of earnings right now. Do I calculate till date or what I put in on ET1 claim? I do have a job right now but part time so I am earning less then what I was earning with them

steampowered

Your loss of earnings is the difference between what you would have earnt in your previous job, and what you actually earnt during the relevant period.

In order to have a loss of earnings claim you would presumably need to prove a wrongful dismissal (i.e. not given the proper notice) or unfair dismissal claim.

I'm not sure why you are talking about an ET1? Presumably you filed an ET1 to start the case.