Remedy Hearings in the Employment Tribunal

What is a Remedy Hearing?

In many cases the Employment Tribunal will only deal with the decision about your case at the main Hearing. This means that they will hear all of the evidence and make a decision about whether your case should succeed or not, but not about how much compensation you will receive.

If this happens then your compensation will be dealt with at a later Hearing, known as a Remedy Hearing.

What is a Remedy?

Remedy is the word used to describe the compensation that the Employment Tribunal will award if you are successful with your claim. Remedy can encompass more than just monetary compensation.  See our articles on Compensation for more information.

Be prepared to deal with Remedy at the Final Hearing?

Although it is usually the case that compensation is dealt with at a later Hearing you should ensure that you are fully prepared to give evidence to the Judge in support of the compensation you are claiming.

You should go to the Final Hearing armed with the following documents:

  1. Up to date schedule detailing your loss of earnings
  2. Pay slips from your previous and any new employment
  3. Evidence of job applications you have made
  4. Evidence in support of the amount you are claiming

Preparing for the Remedy Hearing

You may be ordered by the Employment Tribunal to prepare your documents in advance of the Hearing, in which case you should follow the directions of the Employment Tribunal.

In any event even if you do not hear from the Employment Tribunal you should get together all of the paperwork about your loss of earnings. You should already have this inofmrtaion from the main Hearing, but it is a good idea to update it with any of the following:

  • Wage slips
  • Job applications
  • Emails
  • Letters

You should also update your Schedule of Loss which is the document that you prepared setting out the amount that you were claiming.

Depending upon your circumstances and the reason for your claim you may also want/need to prepare a witness statement that deals purely with the remedy you are claiming. For example if the Employer has indicated that they intend to argue that you have failed to try your hardest to look for a job, you may want to prepare a witness statement setting out what you have done and referring to the evidence you have, such as job applications etc.

It is usual for the Employer to provide a counter schedule of loss setting out what they believe your claim is worth and outlining any points they dispute. From this you will have a good idea about what information you need to put in your witness statement.

It is advisable to send copies of any new or amended information to the Employer or their representative before the Hearing date.

Consider negotiating with the Employer

After the Employment Tribunal has made a decision in your favour you are in a much stronger position to negotiate with the Employer, and you are still able to reach a settlement with the Employer at this stage if you want to.

It can be sensible to make an offer of settlement to the Employer after the decision but before the Remedy Hearing in order to speed things up and give you some certainty about how much money you will receive.

It will also give you the opportunity to establish if the Employer is going to dispute the amount you are claiming and the reasons why they are going to do so.

What will happen at the Remedy Hearing?

At the Hearing the Employment Tribunal will want to hear from you about how much you are claiming and the reasons for the amount you are claiming.

The Employer will have the opportunity to put forward their argument and any reasons why they think that your compensation should be reduced. For example if they allege that you contributed to your dismissal then they could ask the Tribunal to reduce your compensation.

The Employment Tribunal will then consider all of the evidence submitted regarding remedy and will make a decision about how much compensation you receive. This will then be confirmed in writing following the Hearing.

8 thoughts on “Remedy Hearings in the Employment Tribunal

  1. Deborah Unsworth says:

    i have received an email from the employment tribunal that says “she still needs to provide a statement of remedy to the tribunal (and the respondent if she has not already done so). I presume that the she that is being referred to is myself. I have no idea what a statement of remedy is?

    • alison says:

      Hi Deborah

      Thank you for your comment. It would seem that they are referring to you and the statement of remedy is also known as a schedule of loss. This is a document in which you set out in detail what it is you are claiming in respect of the claims that you have made in the tribunal. There are various elements to the compensation in the Tribunal and these will depend on your claims but typically include; a basic award; compensation for loss of earnings and any benefits up to the Tribunal hearing date; future loss of earnings and if you are claiming discrimination compensation for injury to feelings.

      If you are unsure about how to put together the schedule of loss or what you are claiming I recommend that you seek legal advice.

      Myself and my team would be happy to help you and in most cases can agree a fixed fee for the work (giving you certainty about your costs). If you would like any help please do get in touch [email protected].

      Best regards

      Alison

  2. Calum says:

    My partner has a tribunal claim for discrimination and unfair dismissal while on maternity leave. Should she claim compensation under unfair dismissal or discrimination or does this matter when calculating remedy?
    She has suffered haras sing phonecalls and victimisation. Her employer has not followed the ACAS code at all nor have they provided her with a job description. She is looking at asking for a basic award, compensatory award (1 year to find work), hurt feelings award and ACAS uplift. Is this a reasonable remedy?

  3. kevin wood says:

    hi I am due to attend remedy hearing for unpaid holiday pay after judge said I was entitled . in respondents grounds of resistence his solicitor tried to argue I was in business in my own right and therefore grossly missconcieved in claiming holiday pay .and would be seeking to claim all cost to respondent from me I feel it was an a attempt to scare me of . can I claim some kind of compensation for all the time spent providing respondent with evidence his resistance would fail plus lots of other e mails

    • alison says:

      Hi Kevin

      Thank you for your comment and congratulations on winning your case.

      You cannot claim additional ‘compensation’ for the time spent bringing the claim but you can make an application for your preparation time known as a preparation time order. It is an order for payment in respect of preparation time while not legally represented.

      You should however note that costs in the Employment Tribunal are the exception rather than the rule and therefore are not commonplace. However if one party has behaved vexatiously, abusively, disruptively, or otherwise unreasonably in the bringing or conducting of the proceedings the tribunal may make a costs or preparation time order.

      If you would like specific advice or assistance on how best to approach this issue please do not hesitate to contact me, [email protected]

      Best of luck with your remedy hearing.

      Kind regards

      Alison

  4. Matt says:

    Hi,
    I was employed by an agency , as temporary agency worker, but they were saying I was permanent employed.
    I sued them and I won . Now I am in the stage of Remedy Hearing but I do not know how big or small my claim would be.
    As I saw , my case it is the first , have not seen any other case regarding Agency Working Regulation 2010.

    Anyway, the big problem is that after I was dismissed I accumulated around £25K debts until I found another job. They may said that I was untitled only to one week notice period and the difference between my pay per hour and hirer pay per hour, but the big problem came after I was dismissed.
    – 25K debts
    – my wife was pregnant at that time, lot of stress accumulated
    – we burn all our savings + that 25k debts
    – in order to move with our baby from a share house where we had a room , to a flat , we had to pay the full contract in advance( we use the 25k debts to pay the contract, agency fees and so on)

    Is it any way someone can advise me what kind of remedies I can claim?

    Regards,

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