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ET - schedule of loss?

(11 Posts)
harrypumpkin Wed 04-Nov-09 10:10:06

I was asked to provide schedule of loss? Can anyone give me some more info about this? Thanks!

JustAnotherManicMummy Wed 04-Nov-09 11:39:06

Why do you need to provide a schedule of loss? Can you give us a bit more info? Background, who's asking etc?

RibenaBerry Wed 04-Nov-09 14:34:51

Who has asked- your employer or the Tribunal at the CMD?

If it's your employer, it's perfectly reasonable to say that, since the CMD is soon, you'd rather cover all of that at the CMD.

A schedule of loss is a list of all your financial losses in your claim. So, for example, if you've been out of work for six weeks, you put down six weeks' pay and benefits as a number.

If you're still in employment, you won't have any losses (presumably), so could just explain that you'll be seeking a basic award and injury to feelings.

harrypumpkin Wed 04-Nov-09 14:58:34

Thanks! I received a document in which my employer's solicitors are proposing directions ahead of our CMD and the first item on the list is for me to provide schedule of loss by a date soon after CMD. The second item is for them to amend their response if necessary by certain date?? Is this normal practise, would it be because of what would possibly be in my schedule of loss or what is the reason it may be necessary to change their response? Thanks

RibenaBerry Wed 04-Nov-09 17:00:22

Sounds normal.

Schedule of loss after CMD is normal - lets both parties understand the money involved in case there are settlement discusssions.

Date to amend response - this won't be about the schedule of loss. You've said before that you need to drop a bit of your case (for unfair dismissal) and that they want to know whether you are claiming constructive dismissal. It's simply that, once those bits are sorted out, their defence needs to be updated to reflect that. Again, normal in your situation.

harrypumpkin Wed 04-Nov-09 19:15:09

Thanks RibenaBerry!

I suppose in my case, since there is only injury to feelings, this should be left for ET to decide?
Can I also ask if the respondent would normally be allowed to make a change to the ET3 claiming that they have made a mistake. I noticed that they have made conflicting statements in ET3 and SD74? Should I ask for clarification during CMD or leave that for the hearing?

RibenaBerry Wed 04-Nov-09 20:09:11

It depends what you mean by change - minor factual errors, yes, often. Actual points of law, no. So, for example, if they'd accidentally given the wrong date for something, or if new information you've since supplied means they need to expand on their defence, this would normally be allowed. Best to talk it through with the Judge at the CMD.

If they've contradicted themselves, that's something you'd bring up at the hearing. I'd only raise it now if it's stopping you preparing in some way. Also bear in mind that it's the defence that is the primary document, so assume that's the one that they rely on.

harrypumpkin Thu 05-Nov-09 16:21:34

Ribena - Thank you very much for your help!

mustincreasebust Wed 11-Nov-09 17:15:59

hp how did you get on?

harrypumpkin Thu 12-Nov-09 09:42:46

mustincreasebust - it was ok. v long story. I can CAT you with all the details if you are interested or you can send me an email if you have any questions, I will be happy to tell you about my experience if you think is going to help you.

mustincreasebust Thu 12-Nov-09 19:39:37

Did you come away from it feeling confident about the next step?

Email me anytime on, loveinjera@googlemail.com

I have a lot of friends going through the same thing at the moment as well so just remember you are not alone, if that is in anyway a comfort.

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