Schedule of loss

 

Overview

The Schedule of Loss is also called the Statement of Remedy. A Schedule of Loss is very important for your Employment Tribunal claim. It is a document which tells the Employment Tribunal how much you think you should be paid if you are successful. The Employment Tribunal will usually order you to show how you have calculated each amount you are claiming for your losses. The schedule of loss calculates a payment for each different type of loss. The losses are called ’Heads of Loss’ or ’Heads of Damage’, and your schedule of loss will show how much you are claiming under each head of loss. Losses are calculated on gross pay for the Basic Award and net pay for the Compensatory Award. The schedule of loss is made up of;

  1. The Basic Award
  2. The Compensatory Award

The following heads of loss come under the Compensatory Award;

  • Wages/Salary due
  • Payment in lieu of notice
  • Outstanding holiday pay
  • Past loss of earnings
  • Future loss of earnings
  • Loss of future pension entitlements
  • Where you are claiming discrimination, it will include injury to feelings aggravated or exemplary damages, damages for personal injury
  • Any Employment Tribunal fee you have paid

The Employment Tribunal will usually order you to prepare the schedule of loss quite early in the proceedings, so that it can be used in settlement negotiations, judicial mediation or when working out how long the Employment Tribunal hearing will be. It is a good idea to start preparing it immediately after you submit your claim because of the amount of work that goes into preparing it, and also because you want to refer to it in your witness statement.

You will go through several incarnations of your schedule of loss, but you must update it when you get close to the hearing date. The schedule of loss is a guide and is not usually conclusive as to what you will actually get if you are successful.

Counter Schedule of Loss

Your Employer will most likely dispute your schedule of loss. Your Employer will do this through a counter-schedule of loss which will detail their views on your schedule of loss and what they believe to be a more accurate figure.

 

Resources available

Template Letter Before Claim

How to Prepare a Schedule of Loss for the Employment Tribunal

Schedule of Loss Spreadsheet for unfair dismissal

Schedule of loss spreadsheet – Discrimination

ET1: Breach of Contract

ET1: Non-Payment of Holiday Pay on Termination

ET1: Non-Payment of Holiday Pay whilst still employed

ET1: Refusal to permit taking of Annual Leave

 

Disciplinary action and capability

Discrimination at work

Surviving a workplace suspension

How to fight dismissal on Probation

DOCUMENTS, FORMS AND LETTER TEMPLATES

 

Best of the web

Citizens advice – Schedule of loss

Preparing a schedule of loss for unfair dismissal 

Working Families – Calculating Damages

Disclaimer

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication. Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to thelawyers@employeerescue.co.uk for such specialist advice if required.

 

 

 

Case Study

It was reported by BBC Producer Oisin Tymons  lawyers on 16th February 2016 that  Jeremy Clarkson had apologised and settled the claim against him for race discrimination and personal injury.  Oisin Tymon launched the case against the TV presenter last year after an incident involving verbal abuse and Tymon ending up with a bloody lip. In his apology, released by Tymon’s lawyers Slater and Gordon, Clarkson said: “I would like to say sorry, once again, to Oisin Tymon for the incident and its regrettable aftermath. “I want to reiterate that none of this was in any way his fault. “I... Read More
Jeremy Clarkson and race discrimination
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