Comments on: To be assessed by the tribunal

By: Ramesh Valapil

Ramesh Valapil — Sat, 20 Feb 2010 09:50:42 +0000

Thank you for your reply. My claim now is settled through a judicial mediation. I did include a uplift (30%) in my Schedule of Loss. The Tribunal Judge who at the mediation felt that it shouldn’t be included for negotiation purposes, but he was still impressed with the schedule of loss that I prepared using your template. Thanks ever so much for the book and on-line templates.

By: Naomi

Naomi — Sun, 06 Dec 2009 20:42:17 +0000

Yes – if you say you are entitled to an uplift, it is sensible to include that on your schedule. How to pick the right percentage between 10 and 50% is trickier: one of the many valid criticisms of the dispute resolution procedures was that it was so unclear how the tribunal was supposed to make this decision. The relevant factors will be how important the failure to comply with the relevant procedure was, and to what extent it was the employer’s fault. So if it was a serious failure that was completely the employer’s fault, it makes sense to try for 50%; if it was less serious and/or the employee contributed to the failure, the uplift is likely to be less. (I have answered this question because it is expressed in a very general way: it’s worth reiterating that we can’t give advice on specific cases by way of this blog.)

By: Ramesh Valapil

Ramesh Valapil — Sun, 06 Dec 2009 19:45:17 +0000

Can uplift be included in the schedule of loss?, If so how to come to a figure as uplifts are considered at a range of 10 – 50% ?

By: Ross

Ross — Thu, 07 May 2009 21:53:23 +0000

Thanks for your reply.

From an entirely lay point of view I would say the same thing. In particular, the later the schedule goes in, the more likely it can properly be considered a form of submission.

By: Michael

Michael — Thu, 07 May 2009 13:51:01 +0000

I agree with Abigail.

The ET1 should set out the basis of your claim, but it need not give detailed figures unless they are available.

Changing schedules of loss is an interesting area. Some people tend to see them as like pleadings, and therefore not to be changed much, if at all. Other people see them as more like submissions and think they can be changed pretty freely.

My own view tends towards the submission side of things. I find that, provided you’re not trying to add in whole new areas or types of loss, tribunals are happy to look at an amended schedule.

By: Abigail

Abigail — Wed, 06 May 2009 08:27:14 +0000

I do not claim any loss in my ET1 unless the figure due is already clear. When a claim is defended, I try to send ACAS an initial schedule of loss for negotiating purposes only. I usually change that before the hearing.

I have found that I cannot ask for more than is on my schedule of loss. If I say 10% increase for failure to finish grievance procedure, a tribunal has objected to me asking for more in the hearing.

By: Ross

Ross — Wed, 06 May 2009 01:52:03 +0000

I can understand this point when related to submissions, but what of the ET1?

If one is claiming for an amount of wages, for example, and it is unclear what amount to specify or tactically advantageous to avoid specifying a figure, can this be left until later? Would “such amount as may be found to be due” do?