Recently I have received a few queries regarding preparing for remedy hearings and I considered it would be a good idea to set out what it is and what you need to prepare in advance of the hearing.
Many individuals who submit a claim to the Employment Tribunal usually believe that everything will be dealt with at a final hearing, this includes the amount to be awarded if the claim is successful. However, there are occasions when the time allocated for the final hearing is insufficient.
In this situation it is not uncommon for the Judge to only have time to give their judgement or in some cases they may need to reserve their judgment, which means you will not be told until a later date whether you have been successful in your claim.
What is a Remedy Hearing?
A remedy hearing is a hearing listed specifically to discuss the amount of compensation that should be awarded to an individual who has won their claim.
The Judge will give directions on how to prepare together with when the hearing has been listed and for how long. As with any court order, it is important that you comply with it or seek agreement to vary the terms, if you are unable to comply.
Normally the Judge will confirm that you, the Claimant (the individual who has won), needs to provide the other side with any relevant documents upon which you intend to rely and a witness statement dealing with the remedy or compensation you are seeking to claim.
You will also be required to send a copy of these documents to the Employment Tribunal a number of days before the hearing.
It is important that you prepare an updated schedule of loss, this sets out the sums you are claiming from the Employment Tribunal in terms of loss of earnings and pension loss and in some claims an injury to feelings award.
With this you need to prepare a witness statement and create a bundle of mitigation evidence (evidence of how you have tried to reduce your loss of earnings), this will include details of any jobs you have applied for since dismissal or any medical evidence on which you will seek to rely on. This should all be referred to within your witness statement, which will set out the impact the dismissal has had upon you and the steps you have taken to find alternative employment.
The reason this is important is the Employment Tribunal expect you to try to reduce your loss and could reduce your compensation if you fail to demonstrate sufficient evidence that you have looked for new work.
In respect of the bundle to be prepared for the hearing, unlike with the final hearing the onus is on you, the Claimant, to prepare the bundle and submit it to the other side and the Employment Tribunal. Again, it is important to be aware of this to ensure you can rely on all the documents you consider relevant.
We will be happy to assist you and take the stress away of dealing with a remedy hearing.