EmploymentClaims Toolkit

The standard for calculating remedy in all employment disputes

Used in private practice, FTSE100 in-house legal teams and unions
for both claimants and respondents.

Use the Toolkit throughout the life of any employment dispute to:

Heading

  • Details
  • Basic award
  • Benefits
  • Wrongful dismissal
  • Unfair dismissal
  • Pension loss
  • Statutory rights
  • Discrimination
  • Additional award
  • Mitigation
  • Tax

Core data

Basic award

Amount

Unfair dismissal

Adjustments

Benefits

AmountWeeks

Pension loss

New state pension (nSP)

Occupational pension

StartEndAmount
StartEndAmount
Amount

Shortfall in lump sum

Lost opportunity to invest lump sum

Apportionment between wrongful and unfair dismissal

Wrongful dismissal

Adjustments

Discrimination

Amount

Statutory rights

Amount

Additional award

Amount

Mitigation

StartEndAmount

Tax

IN THE EMPLOYMENT TRIBUNALSCASE NO:
AND
Details
Date of birth of claimant
Date employment started
Effective date of termination
Date of remedies hearing
Date of new equivalent permanent job
Date on which employer is no longer liable
Net weekly pay at EDT
Gross weekly pay at EDT
Equal pay claim
Difference in earnings
Interest at %
Pension loss
Basic award
Number of qualifying weeks () x Gross weekly pay ()
Minimum under s120
Maximum under s121 (2 weeks gross pay)
Blacklisting minimum
Less amount for unreasonable refusal to be reinstated
Less contributory fault @ %
Less redundancy pay already awarded (total award )
Total basic award
Wrongful dismissal
Damages period () x Net weekly pay ()
Plus loss of commission and/or bonus
Less payment in lieu
Less ex-gratia payment
Less non-recoupable benefits
Less mitigation
Pension loss
Plus failure by employer to follow statutory procedures @ %
Less failure by employee to follow statutory procedures @ %
Less deduction for accelerated payment @ %
Plus interest on damages @ %
Compensatory award (immediate loss)
Number of weeks () x Net weekly pay ()
Plus loss of statutory rights
Plus loss of commission and/or bonus
Less payment in lieu
Less ex-gratia payment
Less non-recoupable benefits
Less early payment of compensation
Less mitigation
Pension loss
Compensatory award (future loss)
Number of weeks () x Net weekly pay ()
Pension loss
Compensatory award (pension loss)
Enhanced redundancy in excess of basic award
Statutory rights
Right to guaranteed pay
Rights during suspension
Flexible working
Detriment in employment including making a protected disclosure
Working time regulations
Right to be accompanied
Insolvency
TUPE ( weeks)
Right not to be disciplined (union)
Right not to be expelled from a union
Protective award
Holiday pay
Unlawful deductions
Right to time off (looking for work, training, study, ante-natal)
Right to time off (dependants)
Rights of a collective nature
Action short of dismissal
Right to written reasons for dismissal
Right to time off for public duties
Adjustments to compensatory award
Less Polkey reduction @ %
Plus failure by employer to follow statutory procedures @ %
Less failure by employer to follow statutory procedures @ %
Less deduction for making a protected disclosure in bad faith @ %
Less contributory fault @ %
Less accelerated payment @ %
Plus interest @ % for days
Compensatory award before adjustments
Total adjustments to the award
Compensatory award after adjustments
Right to written particulars
Number of weeks () x Gross weekly pay ()
Discrimination
Injury to feelings
Plus interest @ for days
Aggravated damages
Plus interest @ for days
Physical or psychiatric injury
Plus interest @ for days
Additional award
Number of weeks () x Gross weekly pay ()
Arrears of pay
Summary totals
Basic award
Equal pay claim
Wrongful dismissal
Wrongful dismissal (capped at 25,000)
Compensatory award
Additional award (including arrears)
Discrimination
Tax
Tax free allowance (£30,000 - any redundancy pay)
Basic + additional awards
Balance of tax free allowance
Figure to be grossed up
Grossed up total
Grand totals
Compensation capped at ()
Additional award arrears adjustment
Grand total
Pension loss
New state pension (nSP)
Occupational pension
Period: , Ogden Table 35 multiplier: , Percentage split: , Ogden pension multiplier:
: Start: , End: , Percentage contributed: , GWPP:
Less payments from elsewhere
Shortfall in lump sum
Lost opportunity to invest lump sum
Recoupment
Prescribed period to
Compensation cap not applied
Total award
Prescribed element
Balance
Compensation cap applied
Total award
Prescribed element
Balance