Schedule of Loss - Employment Tribunal

If you’re representing yourself in the Employment Tribunal, one of the key documents you may need to prepare is a Schedule of Loss. This document sets out the financial compensation you are claiming from your employer. It helps both the Tribunal, and the other side understand what you are seeking and how those amounts are calculated.

The figure in your Schedule of Loss will not only provide a value to your claim, but it can also be used to negotiate a settlement with your employer, to avoid having to go all the way to a Final Hearing.

What is a Schedule of Loss

A Schedule of Loss is a written breakdown of the money you believe you are owed as a result of your employer’s actions. It forms part of the evidence in your case and will usually be requested by the tribunal or the respondent (your former employer) before the hearing takes place.

You are expected to be as clear and specific as possible. This doesn't require legal expertise, but it does mean using available information like payslips, your contract, and for cases involving Discrimination or Whistleblowing, reviewing the guidance around Vento Bands to make your claims reasonable and realistic.

What should be included in a Schedule of Loss

Your Schedule of Loss should list each type of compensation you're claiming.

If your case involves a dismissal or resignation, then you may be able to claim for a “Basic Award”, which is the equivalent to your redundancy entitlement.

You may also claim for loss of wages and the loss of other benefits from your employment, such as pension loss or holiday pay.

Where a case involved discrimination or whistleblowing claims, you may also be entitled to make a claim for an “Injury to Feelings” award. This may be difficult to quantify correctly and often leads to disputes throughout the case, and it is therefore crucial that this amount is reasonable and consistent with the remainder of your claims.

It is important to explain and write down the calculations you have used, instead of simply writing a figure you believe is accurate or reasonable.

Extra tips!

Make sure that you have copies of all documents you will be relying upon to evidence the amounts you are claiming in your Schedule of Loss. These can be payslips, your contract of employment or records regarding your untaken annual leave or pension contributions.

Whilst the Schedule of Loss is one of the first documents to be submitted to the Tribunal, it is important to note that it is a work-in-progress document throughout the claim. Therefore, if anything changes, such as you secure a new role and your Schedule of Loss needs to be updated, you are able to do so.

A Schedule of Loss, if correctly drafted, can be a very powerful tool to settle your case early. If you are able to accurately justify everything that you are claiming for, this will leave very little room for your employer to argue that, even if you are successful in your case, your compensation should be lower.

How can Lawson-West help?

Preparing a Schedule of Loss can feel daunting, especially when you're already dealing with the stress of representing yourself. At Lawson West, we understand how challenging this process can be and we’re here to help. Our legal experts are here to guide you and provide you with advice on how you can draft a watertight Schedule of Loss, capable of making a significant difference in your case, be it at a Final Hearing to decide how much compensation you should be awarded, or during tough settlement negotiations with your employer.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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