Last updated: 22nd November 2021
Your schedule of loss is an indication of how you value your claim.
Once you have issued your claim form to the Employment Tribunal you will be required to provide an indication of the value of compensation you are seeking. This will be by way of your Schedule of Loss.
Getting this right is an important part of the tribunal process.
So, I have put together this quick and easy guide to help you correctly calculate the losses you have incurred as a result of a dispute with your employer.
Your schedule of loss is just an indication
It is important to remember that whilst your schedule of loss is an important document, you are not bound by the information within it.
At least at a preliminary stage, it is just an indication as to how you value your claim.
What information am I expected to include?
The information you include depends on the type of claim you are advancing.
For example, if you are advancing a simple unfair dismissal claim, then broadly speaking, your schedule of loss would be split into two sections:
Your basic award
This is a statutory award based on your length of service and age at the date of dismissal (or resignation in the case of a constructive dismissal claim)
The calculation is actually the same as that used to calculate statutory redundancy. Use our Unfair Dismissal Calculator to give you an idea of what to expect as your basic award.
Your loss of statutory rights
What this basically relates to is the fact that having worked for your employer for longer than 2 years, you have built up some statutory rights. For example, the right not to be unfairly dismissed.
The Employment Tribunal recognises that it will take you another 2 years to build up these rights again with a new employer. As such, they tend to award an arbitrary sum of money to compensate you for this specific loss.
We would normally put £500 in here, but the judge will exercise their own discretion as to how much to compensate you for your loss of statutory rights.
Your compensatory award
This would be the final section in a standard unfair dismissal case.
In this section you would set out your loss of earnings (and other benefits) up to the date you prepare your schedule of loss.
You would also include the future loss you are going to incur.
If you have not yet secured alternative employment earning the same as you were previously, you will have to engage in a bit of a ‘crystal ball’ exercise.
So, you will need to give an indication as to when you reasonably expect to secure such employment and how much loss of earning you calculate this to be.
PLEASE NOTE: The maximum amount of damages you can be awarded in a normal unfair dismissal or constructive dismissal claim is 1 year’s loss of earnings.
As such, even if you feel you be out of work for over a year, you are not able to claim for this.
Are there any exceptions to the cap of 1 year’s loss of earnings as part of a compensatory award?
Yes, there are a few exceptions to this rule.
Essential to Know
In discrimination cases, if you are able to establish that you were subject to discrimination of any type, in addition to loss of earnings, the tribunal are likely to make you an additional award for injury to feelings.
Employment Tribunal judges will qualify injury to feelings compensation by reference to the Vento Guidelines.
These guidelines are known as the Vento guidelines following the 2003 Court of Appeal Case of Vento vs Chief Constable of West Yorkshire Police (2  IRLR102).
They are split into 3 categories and you will need to work out which one you believe your case falls into.
As at 6th April 2021, these are:
The lower band is applied in “less serious cases, such as where the act of discrimination is an isolated or one-off occurrence” – £900 – £9,100.
The middle band applies in “serious cases, which do not merit an award in the highest band” – £9,100 – £27,400.
And the top band is used by Tribunals in “the most serious cases, such as where there has been a lengthy campaign of discrimination, discriminatory harassment on the grounds of sex or race” – £27,400 – £45,600.
Are there any other sums I should include in my schedule of loss?
If you believe there are additional sums you wish to claim for, feel free to add them.
For example, you should also include:
- Any maternity pay you feel you missed out on
- Unpaid holiday
- Unpaid bonuses & commissions
Is there a right or wrong way of setting this information out?
Not really, as long as the basis on which you are claiming your losses is reasonably clear.
Feel free to download our PDF examples of a typical Schedule of Loss and use it as a template.
Of course, your opponent (the respondent) will have their own opinion as to the reasonableness of your claim.
They may put together a counter schedule of loss in challenge to your claim, but that is all part of the Employment Tribunal process.
Ultimately, it is the judges decision
After they have heard your evidence, if you are successful in your claim, the tribunal judge will decide how much compensation you should be awarded.
As part of their decision making process they will look at your schedule of loss.
But, that does not mean that they can award you more compensation than you have claimed within your schedule of loss.
And conversely, they may feel that you have claimed too much and as a result award you less.
The bottom line is you should not be too worried about putting together your schedule of loss.
As long as it bares some resemblance to your ET1 claim form and you can justify your figures, you should not come in for too much criticism.
When compiling your figures, you should show your workings when claiming a specific sum of money. For example, holiday pay owed to you, or unpaid salary.
If you need help compiling your schedule of loss, or representation at tribunal
If you need assistance in drafting your Schedule of Loss, one of our specialist employment solicitors can help you for a fixed fee charge of £500+VAT. Alternatively, if we feel you have a viable case, we may be able to help you with all aspects of the Employment Tribunal process on a no win no fee basis.
You can find out more about our no win no fee policy, or if you prefer you can contact one of our friendly and knowledgable team on 0800 756 6605. You can also submit your details 24/7 via our quick and simple online enquiry form and can expect to hear back from us within 48 hours by phone, email or text.