In most cases the Claimant will want compensation, rather than reinstatement or re-engagement.
It is likely that there will be competing arguments regarding what losses the Claimant is entitled to claim, and whether there should be any reduction, for instance for contributory fault or failure to mitigate. In such circumstances, it may be sensible for the Claimant to prepare a schedule of loss, and the Respondent to prepare a counter-schedule.
The Claimant`s Schedule
The Claimant will produce a schedule of loss setting out what his financial losses are, and any other claims for compensation such as injury to feelings or aggravated damages. He may be entitled to claim for loss of contractual benefits, such as a company car or a pension. He may also be able to include a claim for certain expenses he has incurred if they result from the dismissal, e.g. the cost of continuing with private health care or expenses incurred in seeking new employment.
Prior to case management discussion checklist
Checklist of important points to consider prior to a case management discussion.
Receiving a claim
This document sets out the approach to take when receiving a claim from the Employment Tribunal.