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29/07/2011 15:26:33 www.clicklegalservices.co.uk Administrator Posts: 374

1. Calculate The Basic award (a) Work Out A Week’s (Gross) Pay: (Capped at £400.00 for the purpose of calculating the Basic Award) (b) Work out the period of continuous employment (c) Work Out The Person’s Age at the EDT (Effective Date of Termination”). The calculation for statutory redundancy pay is the same as calculating any “basic” award and is based on the above. A person will get 0.5 week’s pay for each full year of service where their age was under 22, 1 week’s pay for each full year of service where their age was 22 or above - but under 41, and 1.5 week’s pay for each full year of service where their age was 41 or above Alternatively, use the calculator at http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@employ/documents/digitalasset/dg_177260.pdf Total £X (d). If the person has received a redundancy payment, then they should give credit here for it. Sometimes this results in the basic award being extinguished. If there is an excess, make a note – as it is dealt with later) Total £X 2. Calculate the Compensatory award (a) Work Out Past Loss Of Earnings to Date This is based on the net figure – take home pay – typically on average for 3 or 6 months pre dismissal. Work out the time between the dismissal and today’s date. Multiply that by the average take home pay. Total £X LESS Any Notice Pay already received £x Total £X (b) Work Out Future Loss of Earnings This is based upon the estimated period of time it will take the individual to obtain other work. Tribunals will often award future losses based on fixed periods into the future of 3 months, 6 months, 9 month and 12 – occasionally longer if the facts justify it. £X (c) Work Out Loss of Other Benefits Sometimes this can be worked out as both past and future. Mobile phone, car, medical expenses. These are often estimated figures x weeks x £x £X Loss of Statutory Employment Rights Generally, this is essentially based upon the loss of ability for the person to claim unfair dismissal in their new job for 12 months. A figure of about £350 is usually awarded. £X Loss of Pension Rights This is often very difficult to assess. Often pension expertise is needed here. Sometimes a simple method may be appropriate – namely to work out past employer pension contributions which would have been made had the dismissal not taken place. The person can also seek those contributions which would have fallen due, had the they remained in employment of the employer. Again, individual circumstances are relevant here. A 32 year old is not going to get pension contributions till they are say, 65, but a 63 year old who will find it difficult to get other work, may. Again, may be easier to work out both past and future at the same time as often pension losses do not run from the date of dismissal Pension Loss £X Miscellaneous Expenses In seeking alternate employment; enrolling with agencies making job applications, buying “jobs” newspapers, travel to job centres/ agencies, interviews. Often Estimated but receipts are better. Postage costs, telephone costs and materials, again, often estimated, £X Total £ LESS (If Applicable) “Polkey” Reduction Non completion of stat procedures Contributory Fault Excess of any Redundancy award (if appropriate) from above) £X Total £ Adjusted for incidence of taxation (if appropriate - “Grossing Up”) 5 x (TOTAL – 12,000)/3 £ TOTAL £

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