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Schedule of loss and remedy

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)

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