Schedule of Loss

• whether the claim succeeds;
• which losses were caused by the respondent’s conduct; and
• what compensation is appropriate.
  

 

Before completing the schedule, it would be useful to identify:

 

• recent payslips;
• the P45 or P60;
• the employment contract;
• pension and benefits information;
• evidence of earnings from new employment;
• records of job applications;
• details of state benefits received;
• receipts for relevant expenses; and
• any medical evidence relied upon.

State whether pay figures are gross or net. Gross pay is pay before tax and National Insurance. Net pay is take-home pay.

 

SCHEDULE OF LOSS TEMPLATE

 

IN THE EMPLOYMENT TRIBUNAL

Case number: [Case Number]

BETWEEN

[Claimant’s Full Name]

Claimant

-and-

[Respondent’s Correct Legal Name]

Respondent

CLAIMANT’S SCHEDULE OF LOSS

A. Information

1. Employment started: [Date]
2. Employment ended: [Date]
3. Effective date of termination: [Date]
4. Date of birth: [Date]
5. Age at termination: [Age]
6. Continuous service: [Number] complete years
7. Gross weekly pay: £[Amount]
8. Net weekly pay: £[Amount]
9. Gross monthly pay: £[Amount]
10. Net monthly pay: £[Amount]
11. Employer pension contribution: £[Amount] per [week/month]
12. Other employment benefits: [Describe benefit and value]
13. Final hearing date [Date]

 

B. Basic award for unfair dismissal

[Complete this section only if unfair dismissal is claimed]

The basic award is calculated using the claimant’s age, complete years of service and gross weekly pay. It is the same as a statutory redundancy payment that can be calculated by reference to a redundancy calculator https://www.gov.uk/calculate-your-redundancy-pay

Statutory limits may apply.

Basic award claimed: £[Amount]

Any statutory redundancy payment already received should be stated:

Less redundancy payment received: £[Amount] (You cannot double recover a basic award and a statutory redundancy payment)

Balance claimed: £[Amount]

 

C. Past loss of earnings

This is the loss from the end of employment to the date of the schedule or hearing.

Add lost pension contributions: £[Amount]

Add lost benefits: £[Amount]

Less earnings from new employment: £[Amount]

Less other replacement income, if applicable: £[Amount]

Past loss of earnings claimed: £[Amount]

 

D. Future loss of earnings

This is any continuing loss expected after the hearing. Explain why the period claimed is reasonable.

The claimant expects the loss to continue for [Number] weeks/months because [brief explanation].

Add future pension loss: £[Amount]

Less expected earnings: £[Amount]

Future loss of earnings claimed: £[Amount]

 

E. Notice pay

Complete this section if notice pay or wrongful dismissal is claimed.

Notice period: [Number] weeks/months

Less notice pay already received: £[Amount]

Notice pay claimed: £[Amount]

Avoid claiming the same loss twice under both notice pay and loss of earnings.

 

F. Holiday pay or unpaid wages

Total unpaid wages and holiday pay: £[Amount]

 

G. Loss of statutory rights

If applicable:

Loss of statutory rights claimed: £[Amount]

This is a modest sum sometimes claimed where dismissal causes the claimant to lose employment rights dependent on length of service.

 

H. Injury to feelings

Complete this section only for a claim in which injury-to-feelings compensation is legally available, such as discrimination or certain whistleblowing detriment claims. It is not normally available for ordinary unfair dismissal or breach of contract.

The claimant seeks: £[Amount]

Brief reason:

[Explain the nature, seriousness and duration of the distress, humiliation or upset caused by the unlawful conduct.]

The amount should be assessed using the applicable Vento guidelines in force when the claim was presented. State the band relied upon if known:

• lower band;
• middle band; or
• upper band.

Injury to feelings claimed: £[Amount]

 

I. Personal injury

Complete only if a separate personal injury award is claimed and the injury was caused by the unlawful conduct.

Nature of injury: [Brief Description]

Calculation and supporting evidence: [Brief Explanation]

Personal injury claimed: £[Amount]

Care must be taken to avoid claiming twice for the same harm under injury to feelings and personal injury.

J. ACAS Code adjustment

Where applicable, the claimant seeks an increase of [up to 25]% because the respondent unreasonably failed to comply with the relevant ACAS Code of Practice.

ACAS Code adjustment claimed: £[Amount]

If no adjustment is claimed, write: Not claimed.

 

K. Interest

For discrimination claims, the claimant seeks interest calculated in accordance with the applicable Employment Tribunal rules.

Estimated interest: £[Amount]

If no calculation has yet been completed, state:

Interest is claimed at the applicable rate and will be calculated at the hearing.

 

L. Grossing up

Compensation may be taxable. If the award exceeds the applicable tax-free amount, the claimant may seek an additional sum so that the net compensation received reflects the loss awarded.

Grossing-up adjustment: £[Amount/to be calculated]

This calculation may be updated once the Tribunal has determined the taxable parts of any award.

 

M. Summary

The total is subject to:

• any applicable statutory limits;
• any adjustment for contributory conduct;
• any finding that employment would have ended in any event;
• mitigation of loss.

 

N. Mitigation of loss

The claimant must take reasonable steps to reduce financial loss, commonly called “mitigation”.

A detailed job-search record and supporting documents should be retained.

 

O. State benefits

State benefits received because of the dismissal or loss of earnings should be identified separately:

The Tribunal will determine whether the statutory recoupment rules apply. Benefits should not simply be deducted from the schedule without explanation.

 

Statement of truth

I believe that the facts stated in this schedule of loss are true.

Signed: __________________________

Name: [Claimant’s Full Name]

 

 

Next Steps

 

Valla knows it can seem quite overwhelming, but Valla can help. We have a team of legal experts who are very used to reviewing and helping with all types of Schedule of Loss.

If you want help, we have legal experts who can host on-on-one sessions with you, or we have a document review service where an expert can review the Schedule of Loss, or any other tribunal documents that you write.

 

 

How to submit: 

 

When your document is ready, you should send this to the Respondent/their solicitor (and in accordance with any directions from the Tribunal) and enclose any supporting evidence such as payslips/P45 and evidence of mitigation.  Sign up for your free account.