Employment Claims Toolkit

FAQs

Is there a limit to the number of cases I can create?

If you are a Free user you can only create one schedule. The date of birth cannot be changed once you have set it so be careful when entering that piece of information.

A Professional user can create, clone and share as many schedules as required during the subscription period.

Can the Toolkit handle discrimination and wrongful dismissal as well as unfair dismissal claims?

Yes for both Free and Professional users. You can combine unfair, wrongful and discrimination claims on a single schedule. If one of those claims falls away then the Toolkit re-calculates and adjusts the figures accordingly. The Toolkit also properly handles any double-counting in a combined wrongful and unfair dismissal claim.

What if the weekly pay limits change?

The Toolkit is updated with any changes in the weekly pay limits and the compensation cap, and any other legislative amendments that could affect the calculation of awards. The EDT, which is entered on the core data screen, determines which weekly pay limit is applied to the calculation.

Can I adjust a schedule for contributory fault?

Yes - you can also add an uplift, Polkey deduction, deduction for protected disclosure claims not brought in good faith and calculate interest. The Toolkit knows how to handle all adjustments, applying them only to the relevant elements of the claim and in the right order.

What happens if the hearing date changes?

The Toolkit can handle that - simply amend the hearing date on the core data screen and the relevant totals are automatically re-calculated.

What does 'Date by which the employer should no longer be liable' on the core data screen do?

The date entered here will either create a failure to mitigate (if the date is before the hearing/new job) or it will create future loss (if the date is after the hearing/new job). If no date is entered, there will be no failure to mitigate or future loss.

How do I enter an amount claimed for a failure by the employer to provide written particulars of employment?

Go to the Other statutory rights link on the left hand side, tick the box 'Right to written particulars' and enter the number of weeks claimed. The Toolkit will calculate the award automatically.

The claimant has lost the right to benefits including a company car. How do I include these losses on the schedule?

Click Benefits under Compensatory award or Wrongful dismissal, whichever one is relevant. Then enter the total amounts claimed into the table under immediate and/or future loss.

Can I create schedules for different scenarios for the same case?

Yes. You can copy the data from one schedule and then save a copy with different parameters. You could use this to see the effect of uplifts and deductions or perhaps to see what would happen if a discrimination claim fell away.

To do this, go Your cases, type in a new case name and choose the third option in the dropdown list (As a copy of xxx). Your new case will be a copy of the existing case which can be adjusted accordingly.

Can I mitigate a claim?

Yes. Add in the amounts earned and dates worked and the Toolkit will adjust the total award as required. You can also set the Toolkit to limit the employer's liability to a certain date and the Toolkit will calculate any failure by the claimant to mitigate their loss.

The claimant obtained a new permanent job before the hearing but it paid less than the old one. How do I credit these earnings?

Go to the Mitigation link and enter the details of the employment(s) with the total earned. The amounts earned will reduce the compensation/wrongful dismissal award accordingly.

Can I gross up the award if it exceeds £30,000?

Yes. Click the Tax tab and enter the percentage by which the relevant awards should be grossed up.

Next, tick all the awards will go towards reducing the £30,000 tax free sum (which will be all of them apart from possibly the non financial losses award). The Toolkit will gross up any award which was based on net earnings and which exceeds the tax free limit. 

I have created a schedule where the compensatory award exceeds the compensation cap, but the only cap which is showing on the schedule is the gross annual earnings. How can I get it to show the statutory cap?

The statutory compensation cap will show on the schedule but only if the award has been grossed up. Click the Tax link and enter a percentage by which the relevant awards should be grossed up.

The schedule will now show the relevant cap being applied, as well as the uncapped award (because it might be a discrimination claim for example where the cap does not apply). 

How do I add in a claim for injury to feelings?

First, make sure you have indicated that the claim involves discrimination on the core data screen. Then, click Discrimination on the left hand side and enter the required figures.

My client could be entitled to interest on the discrimination award. Can the Toolkit handle this?

Yes. Choose the Adjustments link and, within the Discrimination section, enter the date of the discriminatory act and the date of the calculation. Next, enter the interest rate that should be applied to the relevant awards.

Please note that, from 29 July 2013, the interest rate has increased to 8% - see the help on Adjustments to the Compensatory Award.

When I click Schedule, the Toolkit keeps telling me I haven't entered enough information? How do I correct this?

There could be a couple of reasons for this. First, go back to the core data screen and make sure that all fields that have a red asterix next to them are completed. In particular, if you are pursuing a wrongful dismissal claim, you must specify the type of employment. 

If you are sure all the fields have been completed, you next need to check the Adjustments screen. Discrimination awards such as injury to feelings may have interest added to them. Make sure that if you have added an interest rate to any award that you have also completed both the discrimination date and the calculation date, otherwise the schedule cannot be created.

Can the Toolkit calculate pension loss?

Yes. The Toolkit will handle both money purchase (defined contribution) and final salary (defined benefit) schemes, or alternatively will let you input a manual figure. Just select Pensions under Compensatory award or Wrongful dismissal and choose which type of pension scheme is applicable.

I need to calculate pension loss under the substantial pension loss regime. Will the Toolkit do this?

Yes. The Toolkit will calculate pension loss under both the simplified and substantial loss regimes. There is no need to look up the factors to be applied - the Toolkit will carry out the necessary calculations depending on what you enter within the Pension screen.

Note: the so called "Purple book" has now been withdrawn and these pension calculations are accordingly out of date. However, no alternative pension loss calculation has yet been announced so the options here are still included until the new method is in force.

I have got the Toolkit to calculate pension loss but the pension is showing as zero on the schedule. Why?

The most likely reason is that you have forgotten to enter the Normal Retirement Date on the core data screen. If the pension scheme is defined benefit, you will also need to add the Gross Weekly Pensionable Pay, either on the core data screen or on the pension screen.

Can I annotate the Schedule?

Yes. There are small 'note' icons next to selected fields. Click the icon, enter your text and the information will be shown on the Schedule. The note will only show if you choose 'Schedule - Detail + notes'.

Alternatively, export the schedule to Microsoft Word and annotate the document in the normal way.

How do I print the Schedule of Loss

Press Ctrl and P on your keyboard, click the right hand mouse button and choose Print, and your choice of printers should appear. Print in the normal way.

Can I export my schedules to MS Word?

Yes if you have a paid-for Professional subscription. To do this, just choose the Word Version link underneath Schedule, and save it as a normal Word document. This means that you can annotate it as you wish, but please note that any formulas will NOT come through.

Can I use the Toolkit away from the office?

Yes. Your log on will work on any device that has internet access. So that could be your office PC, a laptop at home or an iPad in court or a mediation.

Can I archive and save cases offline?

Yes. You can download the data for storage offline once you have finished working on a schedule - though you cannot edit any data offline.

Can I share a schedule with the other side or a third party such as a mediator?

Yes - as long as the other side has their own subscription. You can then save the data to your hard drive and email it to the other party who simply imports it into their own Toolkit.

Is the data secure?

Yes - the data is held on a secure Fasthosts data centre. For more information see their site.