u/Vivid-Beyond5210

Question regarding the law in England

I have been advised by several employment law firms to consider pursuing a separate Personal Injury claim, as the employer’s conduct and breach of duty have resulted in a new disability for me.

I am somewhat uncertain about how financial remedies would be determined if there are concurrent claims—specifically, one in the Employment Tribunal and another in the Civil Court.

I am currently acting as a litigant in person for the Employment Tribunal claim, while I am in the process of securing a Conditional Fee Agreement (CFA) for the Personal Injury claim.

1. How does the court determine awards for losses when identical facts are presented in different courts?
2. Additionally, if the Employment Tribunal awards compensation for a loss of five years’ career, but the Civil Court finds the loss to be lifelong, which award would I actually receive?
3. Furthermore, how should I reference the intended Personal Injury claim losses in my Case Management Agenda and Schedule of Loss? I want to be clear that I am aware of double recovery to avoid any scrutiny from Tribunal/Respondent.
4. I would like to inform the Employment Tribunal that I intend to claim additional losses such as care needs and medical costs (if I am correct, the Employment Tribunal may not have the authority to award these). Do I need to exclude those categories in the Schedule of Loss explicitly?

For question 4.2 specifically:

If the claims succeed, and the claimant does not go back to work for the respondent, how much money is the claimant asking for as compensation? 

Do I need to give the actual figures and write something to the effect of -

The Claimant anticipates that the total valuation of the claim will be in the region of £60,000-£90,000 (just an example, not actual value of my claim).

Or can I use this wording to allow the SoL to outline the exact figures:

A Provisional Schedule of Loss will be provided to the Tribunal 7 calendar days before the Preliminary Hearing and will be updated as further medical and expert evidence becomes available.

I don't want to write the exact figures to attract scrutiny by the Respondent, I would rather adjust SoL as the proceedings continue up to FH.

I am preparing my Case Management Agenda and I'm wondering which date I need to have in mind or put forward for disclosure of evidence.

From my research online, it can be 4-6 months after Preliminary Hearing. Is that normal?

I submitted my ET1 in 2024

Significant events have occurred since then and I am also adding some key details that were missed in existing statements.

Now my ET1 page count has gone from around 25 pages (what I submitted) to 70 pages, with the amended parts.

I am afraid the Tribunal will reject the amendment or document because 70 pages is a lot.

I wish I could submit a shorter document but if I do that, a lot valid and necessary claims will be omitted.

I am curious if anyone here has seen or submitted such a long ET1?

I am writing up some points for my Particulars of Claim/ET1, and noticed there is standard language for Indirect disability discrimination e.g. PCP was not proportionate means ...

Do I need to add similar wording at the end of every point I make in a s.15 discrimination arising from disability claim?

E.g. I contend that this treatment was not a proportionate means of achieving a legitimate aim. Instead, it served to penalize me for symptoms of my disability, creating an intimidating and humiliating environment which further exacerbated my condition.

I have several claims - mainly relating to discrimination.

What type of questions can I include in my List of Issues that will help my case?

I've never drafted a List of Issues before and I'm quite afraid to get it wrong.

Any help/guidance is appreciated.

Thanks in advance.