Skip to content
Accessibility Sitemap Search

The UK's national charity for working parents and carers

Donate
Members log in

Schedule of loss and remedy

The Schedule of Loss has a set structure which it is a good idea to follow, as it will help the Tribunal to understand what you are claiming.  

Please see also our detailed advice page on Compensation here

You should begin your schedule of loss setting out the case details for your matter in the square brackets, as shown below.  

The key information section headings will help you to complete the rest of the document, e.g. to calculate your basic award. 

We have used the case described in Precedent 1 to populate the main body of the template so you can see what it looks like when completed but with updated dates/rates as at April 2023. 

NOTE:

  • If you need help in calculating your basic award, then use the Government’s calculator here. 
  • If you are based in Northern Ireland, you should be aware that the position on available compensation will differ, not least due to the different statutory maximums for the basic award. You should speak to an organisation with an understanding of the law there, e.g. Advice NI. 
  • If you have any questions about completing this form, speak to us or take independent legal advice. 
  • You will see that in the ‘Basic Award’ section, the statutory maximum gross weekly pay for dismissals between 6 April 2022 and 5 April 2023 is set at £571. This increased to £643 for dismissals from 6 April 2023. 
IN THE [INSERT TRIBUNAL NAME]     CASE NO: [INSERT CASE NO.]
BETWEEN:   
(Claimant) [INSERT NAME OF CLAIMANT]
and
(Respondent) [INSERT NAME OF RESPONDENT]
CLAIMANT’S SCHEDULE OF LOSS
Key information 
Gross annual basic pay: [INSERT AMOUNT]
Gross annual basic pay:  [INSERT AMOUNT]
Net weekly basic pay:  [INSERT AMOUNT]
Respondent’s annual pension contributions:   [INSERT AMOUNT]
Annual value of other employment benefits:[INSERT AMOUNT]
 ]
Contractual notice period:     [INSERT NUMBER] [weeks OR months]
  
Claimant’s date of birth:   [INSERT DATE]
Claimant’s age at effective date of termination:    [INSERT AGE] years
Period of service:    [DATE] to [DATE]
Total continuous service:      [INSERT NUMBER] years

Note: There is a distinction between your ‘period of service’ and your ‘total continuous service’. Total continuous service is a legal concept that refers to the uninterrupted period that you worked for your employer (or, in certain circumstances, a predecessor employer) and takes into account certain events. For example, if for any period you do not work under a legal employment contract, then that period will not count towards your total continuous service. Breaks such as maternity or paternity leave count towards total continuous service.

Period of jobseeker’s allowance/income support:   [DATE] to [DATE]
Jobseeker’s allowance/income support received:        [INSERT AMOUNT]
Date mitigation commenced:     [INSERT DATE]
Net weekly pay in mitigation:    [INSERT AMOUNT]

Note: You, as a claimant, have a duty to lessen your own loss, which is known as ‘mitigation’. An example of this is looking for a new job if you are made unemployed as a result of the acts or omissions alleged in your claim. Mitigation might also include claiming Government benefits such as jobseeker’s allowance.

 

Basic award

8 years’ service, age 31. Multiplier = 8

gross weekly pay = £643, subject to statutory maximum applicable at date of dismissal.

basic award (8 x 643 =) £5,144


Compensatory award (the loss to the date of the hearing)

  • Past loss of earnings: calculated from 6th April 2023 at £382 net per week (apart from the period when she would have been absent on maternity leave), making a total of [INSERT AMOUNT];
  • Interest on past loss of earnings: calculated from the midpoint date between the date of dismissal and the tribunal’s calculation date;
  • Future loss of earnings: for a period which the tribunal thinks fit;
  • The Claimant had intended to take six months’ maternity leave starting 1st May 2022. She had no entitlement to contractual maternity pay. However, the Claimant did not get paid statutory maternity pay (SMP) because of her early dismissal. She therefore claims loss of SMP for the six months starting 1st May 2022 less the sum of [INSERT AMOUNT] which she received as Maternity Allowance;
  • Loss of pension: the Claimant has no pension;
  • Loss of statutory rights: (£200 – £500);
  • Expenses incurred in looking for a new job (the Claimant has not yet obtained new employment): £42;
  • Injury to feelings, aggravated damages and injury to health: as tribunal thinks fit and increased by 10% following Simmons v Castle [2012] and Pereira de Souza v Vinci Construction UK Ltd [2017];
  • Interest on injury to feelings: calculated from the date of dismissal to the tribunal’s calculation date.
  • [Other examples of loss to include: future loss, damages for personal injury or exemplary damages.]
[Also ensure that you deduct from this sum any amount received as jobseeker’s allowance or income support, any payments by the employer (and give details of these) and any sums obtained through mitigation post-notice period.]


Failure to give written reasons

Award of two weeks’ gross pay: 2 x £643 = £1,286
Notice pay 
Balance of notice pay due, being four weeks’ net pay: 4 x £382 = £1,528
  
Total
Unfair dismissal basic award:       £5,144
Unfair dismissal compensatory award:      [INSERT AMOUNT]
Failure to give written reasons award:          £1,286
Balance of notice pay due:       £1,528
TOTAL:  [INSERT AMOUNT]

                                                                                       

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

Advice form

  • Would your employer benefit from support from Working Families?

    Would your employer benefit from some support & guidance from Working Families? If you would like to make your employer aware of how Working Families can help them, we have an introduction letter template available that you can give to the relevant person in your organisation.

Make a donation to Working Families
Sign up to our newsletter

The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.

We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.