The employment relationship is covered by a combination of contract law (common law) and statute law. Problems in the employment relationship are dealt with by the courts including employment tribunals. Most of employment law is civil law. Civil law is when you (the claimant) sue another person (the respondent) for compensation or something else (called a remedy) in a civil court. The facts of your case is called a claim, and each court has a special form on which you write your case, and then submit to the court. You can sue an employer in the civil courts as a former employee or worker, an existing employee or worker, or a job applicant if the actions of an employer, former employer or prospective employer towards you is against the law, or has caused you some kind of loss. Employment cases start in the the Employment Tribunal, the County Court or the High Court.
Here we provide you with critical information on;
This e-book provides you with guidance on the correct legal claims to make for breach of contract , how to format your claim, including a template and directions on the remedies available to you….flip the book for more
Your employment tribunal claim sets the legal and factual basis of your claim. This e-book provides a template and other resources for a claim where your employer refuses to pay your accrued holiday after you have left the job….. flip the book for more
This e-book provides you with a template for writing an Employment Tribunal claim if your employer refuses to pay you holiday pay. Use this guide if you are still in the job….flip the book for more
This e-book guides you on the legal claims to make if your employer refuses to let you take some or all of your holidays. It shows you how to format your claim, with a template and direction on the remedies available to you…flip the book over for more
This guide helps you to prepare your Schedule of Loss (also called the Statement of Remedy). It is very important for your Employment Tribunal claim since it tells the Judge how much you think you should be paid if you are successful……flip the book over for more
Asking discrimination questions through the Questions Procedure is a way of getting information from your Employer about discrimination you have suffered at work. It is important for gathering evidence to support your case….flip the book for more
If you are unfortunate enough to be injured in an accident at work, you may be able to make a Personal Injury claim for compensation. Accidents do happen in any job and in any situation. They are not limited to factories and building sites; every workplace has its own dangers. Your employer has a duty to protect you from injury at work and tell you about any health and safety issues that affect you. Your employer also has a legal obligation to report certain accidents and incidents and to pay you sick pay.
If you are considering suing your employer, remember that the aim of work accident compensation is to put you in the position you would be in had the accident not occurred. By law, your employer must be insured against injury to employees. Your employer should place a certificate showing the name of its insurance company where it can be seen at work. You can also ask your employer to give you the details if you need them. You will be entitled to Statutory Sick Pay at the very least. Your right to contractual sick pay should be in your employment contract or your terms and conditions of employment. The book covers what you need to know, taking you quickly and simply through essential information on;
The Schedule of Loss tells the Employment Tribunal how much you think you should be paid if you are successful. If your discrimination claim is successful, the Employment Tribunal will order your Employer to pay you compensation. In discrimination, compensation is meant to place you in the same position you would have been in if your employer had not discriminated against you. There is no limit on the amount of compensation that the Employment Tribunal can award for discrimination. Compensation is made up of your financial lost, interest as well as any of these types of compensation, depending on the facts of your case;
Injury to feelings for the upset, hurt and distress that your Employer has caused you. This can range from £750 up to £30,000 depending on how serious your Employer’s actions were.
Personal injury is where the unlawful discrimination of your Employer caused you physical or mental injury. The award is made according to guidelines issued by the Judicial College Guidelines for the Assessment of damages in Personal Injury cases.
Aggravated damages is awarded where your Employer has acted in a particularly malicious, insulting or oppressive way.
Exemplary damages are very rarely awarded by the Employment Tribunal. They are intended to punish a state Employer where the actions were “oppressive, arbitrary or unconstitutional.
This Discrimination Schedule of Loss spreadsheet helps you calculate all of the above. Your heads of loss are easy to calculate with formulas for adjustments such as the ACAS uplift and grossing up options at a nominal 20% or 40% tax rate built in.
The schedule of loss calculates a payment for each different type of loss. The losses are called ’Heads of Loss’ or ’Heads of Damage’, and your schedule of loss will show how much you are claiming under each head of loss. Losses are calculated on gross pay for the Basic Award and net pay for the Compensatory Award. The schedule of loss is made up of;
The following heads of loss come under the Compensatory Award;
This Excel Spreadsheet has been developed specifically for an unfair dismissal claim. Use it with the guide to calculate your Basic and Compensatory Award with precision. With this spreadsheet, your heads of loss are easy to calculate with formulas for adjustments such as the ACAS uplift and grossing up options at a nominal 20% or 40% tax rate built in.