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Remedy in an ET

Employment and Discrimination Law

Remedy in an ET

Postby Millbrook2 » Thu Sep 14, 2017 2:37 pm

A person I'm helping has received the documentation for their hearing and the first case management order is to set out what remedy the tribunal is asked to award.

Compensation is the only remedy she wants and is seeking is compensation for sexual harassment, sexual discrimination and unfair dismissal.

I've found a good pdf detailing the remedies so the UD and loss of earnings etc I'm happy with.

However for the discrimination element, injury to feelings, damages for illness caused by employers action leading up to and during the process of dismissal is it necessary to put an amount.
Is there an equivalent to ' in the event the claim succeeds we look to the tribunal to assess appropriate damages'.

If there is such a phrase is it tactically wise to go down this route?
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Re: Remedy in an ET

Postby Hairyloon » Thu Sep 14, 2017 3:29 pm

Millbrook2 wrote:Is there an equivalent to ' in the event the claim succeeds we look to the tribunal to assess appropriate damages'.

If there is such a phrase is it tactically wise to go down this route?


There ought to be and it ought to be, but I have no idea on either, sorry.
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Re: Remedy in an ET

Postby atticus » Thu Sep 14, 2017 6:45 pm

Prior to the hearing the applicant will be required to file a schedule of losses, specifying the amounts claimed and why, and the basis of calculation.

There is a good book, available also on kindle. I'll find it and post a link. I have it on my tablet.
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Re: Remedy in an ET

Postby atticus » Thu Sep 14, 2017 6:54 pm

See here - it's the Naomi Cunningham & Michael Reed book. I have the 3rd edition (red cover - cheapest used copy £14.48). Maybe you can find something older than the current edition on an auction site, relatively cheap.

https://www.amazon.co.uk/s/ref=nb_sb_ss ... XOSBAP1D4T
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Re: Remedy in an ET

Postby Millbrook2 » Thu Sep 14, 2017 7:23 pm

atticus wrote:Prior to the hearing the applicant will be required to file a schedule of losses, specifying the amounts claimed and why, and the basis of calculation.

There is a good book, available also on kindle. I'll find it and post a link. I have it on my tablet.


Thanks for this and the link atticus.

However I understand that the schedule of losses applies to loss of earnings, lack of notice period etc but not to injury (sickness caused by the employers actions), discrimination, sexual harassment. Does the book give any clues how to quantify that?
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Re: Remedy in an ET

Postby atticus » Thu Sep 14, 2017 8:07 pm

That book is good on procedure and tactics, less so on calculation of compensation.

Another good resource is Daniel Barnett's employment law newsletter (search on line). The archives can be useful.

Also, the scale of 'Vento' awards was revised within the last couple of weeks. Looking at those may help.
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Re: Remedy in an ET

Postby Millbrook2 » Fri Sep 15, 2017 9:32 am

Thanks Atticus, very helpful.
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