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Home Advice for Parents & CarersKey steps Schedule of loss and remedy

Schedule of loss and remedy

Last updated: 1 Mar 2022

You should begin your schedule of loss by inserting the details for your matter in the square brackets below. The key information section 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.

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 gross weekly pay is set at £479. This was the statutory maximum at the time of the claim in Precedent 1. The statutory maximum changes every year. It is set at £544 as of 6 April 2021 and will change again to £571 on 6 April 2022.

Download a template schedule of loss

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 = £479, subject to statutory maximum applicable at date of dismissal.

basic award (8 x 479 =) £3,832


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

  • Past loss of earnings: calculated from 18th October 2016 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 March 2017. 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 March 2017 less the sum of [INSERT AMOUNT] which she received as Maternity Allowance;
  • Loss of pension: the Claimant has no pension;
  • Loss of statutory rights: £300;
  • 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 £479 = £958
Notice pay 
Balance of notice pay due, being four weeks’ net pay: 4 x £382 = £1,528
  
Total
Unfair dismissal basic award:       £3,832
Unfair dismissal compensatory award:      [INSERT AMOUNT]
Failure to give written reasons award:          £958
Balance of notice pay due:       £1,528
TOTAL:  [INSERT AMOUNT]

                                                                                       

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.