The following is a sample Schedule of Loss and Remedy based on the case described in Precedent 1.
Basic award
8 years service, age 31. Multiplier = 8
gross weekly pay = £479, subject to statutory maximum applicable at date of dismissal (£479) (Maximum is £508* as of April 2018)
basic award (8 x 479 =) £3,832
Compensatory award
The claimant has not yet obtained new employment.
Past loss of earnings, 18th October 2016 – date of hearing (not yet fixed) at £382 net/week (apart from the period when she would have been absent on maternity leave).
Interest on past loss of earnings from midpoint date between dismissal and tribunal’s calculation date
Future loss of earnings – for a period which the tribunal thinks fit
The claimant had intended to take 6 months maternity leave starting 1st March 2017. She had no entitlement to contractual maternity pay. However, the claimant did not get paid statutory maternity pay because of her early dismissal. She therefore claims loss of SMP for the six months starting 1st March 2017 less the sum of (insert) which she received as Maternity Allowance.
Loss of pension – no pension
Loss of statutory rights = £300
Expenses job hunting = £42
Injury to feelings, aggravated damages and injury to health – as tribunal thinks fit
10% increase in Injury to feelings, aggravated damages and injury to health (following Simmons v Castle)
Interest on injury to feelings from dismissal to tribunal’s calculation date
Failure to give written reasons
Two weeks’ gross pay – 2 x £500 = £1000 (in NI – 2 x £530 = £1060)
Notice pay
Balance of notice pay due – Four weeks’ net pay (4 x £382 = £1528).
- In Northern Ireland, the maximum amount for a week’s pay is £530 (as of April 2018)
If you have further questions and would like to contact our advice team please use our advice contact form below or call us.
Have you heard about your right to request flexible working? Watch our film to find out more.
