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Key steps for running a sex discrimination claim
An introduction to some of the key steps which need to be followed when preparing a sex discrimination case for an employment tribunal.
9.6 Schedule of loss and remedy
Released 15th May, 2012|7,913 Views
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If the Claimant wins her discrimination case, the tribunal can:
- Make a declaration that she has been discriminated against.
- Award compensation.
- Make recommendations as to action the employer should take to reduce the adverse effect of the discrimination.
The compensation may consist of:
- Financial loss which has been incurred by the date of the hearing, eg loss of earnings; loss of non-cash benefits; loss of pension contributions.
- Future loss which may continue beyond the end of the hearing, eg loss of earnings where the Claimant has not got a job at the same level of pay; loss of pension value.
- Compensation for injury to feelings. Evidence of this will be necessary.
- Compensation for injury to health, eg where the discrimination has caused severe depression or a stress disorder. Medical evidence will be essential.
- Interest.
Where the Claimant was dismissed due to her pregnancy, she needs to work out what she would have earned throughout the period of past loss (ie up to the date of the tribunal hearing) had she not been dismissed. This involves taking into account what she would have received during her maternity leave by way of Statutory Maternity Pay or Maternity Allowance or any contractual maternity pay entitlement. She must then set off any earnings or benefits she did in fact receive during the relevant period following her dismissal.
It is crucial that the Claimant looks for a new job if she has been dismissed. If she does not look for work, the tribunal will award very little compensation for loss of earnings. The Claimant must keep payslips, a record of where she has looked for work and any written evidence, eg written applications or rejection letters. Copies of all of these documents should be included in the bundle.
The tribunal may order the Claimant to supply the Schedule of Loss and Remedy at a fairly early stage in the proceedings or immediately before the hearing.
There is no set format for the Schedule, though some tribunal regions offer a precedent.
The Claimant should list the items of compensation she is seeking (loss of earnings; loss of pension; injury to feelings; interest etc) and the rate of pay which she would have received had she still been employed. Usually it is best to keep to headings and not to set out the exact amount of injury to feelings or the period of future loss of earnings which is sought.
Some tribunals now insist on the Claimant specifying the level of injury to feelings or period of loss Claimed. If so, it is probably best to put in an estimate which is on the high side, but nevertheless reasonable and realistic. For injury to feelings, the Claimant could refer to the Vento bands, e.g stating ‘middle band of Vento £6, 000 to £18, 000. Note that following the recent Employment Appeal Tribunal (EAT) case of Da’Bell v NSPCC the Vento bands have now increased, lower band up to £6, 000, middle band up to £18, 000, and higher band up to £30, 0000. Seek specialist advice as to which band may apply to a Claim.
Also, the interest rates on sex discrimination Claims are variable and can get complicated to calculate, a specialist employment adviser can calculate.
The Claimant must set out the date of any new job and earnings.
Some tribunals order the Claimant to set out with the schedule of loss where she has looked to find a new job.
You might find it helpful to look at a sample Schedule of Loss and Remedy.
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