Schedule of loss

A Schedule of Loss is a key document in every Employment Tribunal claim, which needs to be produced by or on behalf of a claimant (someone bringing a claim) prior to an Employment Tribunal final hearing.

The Schedule of Loss sets out the losses you, as a claimant, believe you have suffered and want to recover, both up to the date of the hearing and beyond, as a result of the conduct of the respondent (the person you are bringing the claim against). You should consider what your claim is “worth”, and start producing the Schedule of Loss, at an early stage of your claim because:

• It is important from the outset to be realistic about the potential value of your claim, if you are successful;
• The Schedule of Loss (and your analysis of what you have lost financially) will support any settlement negotiations you might have with the respondent, as well as any mediation efforts.
• You need to be collecting the information for your Schedule of Loss throughout your claim.

The Employment Tribunal may order you to supply a draft schedule of loss at a fairly early stage in the proceedings, so it is good to be prepared for this to avoid any unnecessary stress or delays in locating documents.

It may be that several different versions of your schedule of loss are created during the course of your claim. For example, you may create your first draft Schedule of Loss, and then take advice and realise that you needed to include something which you had left out. You may also need to change your Schedule of Loss over the time between the start of your claim and when you reach a final hearing, e.g. if you get a new job, or if you get more information during the course of your claim which requires an amendment to the Schedule of Loss.

For this reason, if a schedule of loss is not the final version, it is important to include the words “The Claimant reserves the right to serve an amended Schedule of Loss” – note: this wording has not been included in our template schedule of loss but you should include it if you think there may be a further schedule of loss prepared.

The basis of your claim for compensation

You should set out what you are claiming in your ET1 (the claim form). You do not have to be specific at this stage, although as set out above, it is a good idea to start calculating your losses as early as possible.

It is important to make sure that you claim all the compensation that may be available to you to put yourself in the best position should you succeed in your claim – for details on how to calculate compensation, see Calculating Damages. Try to avoid ‘over-inflating’ the amounts that you claim as this could hinder negotiations with the respondent and make the tribunal view you negatively.

You should list the items of compensation you are seeking (for example, loss of earnings; loss of pension; injury to feelings; interest etc.) and the rate of pay which you would have received had they still been employed. There is a precedent that you might find helpful as a starting point.

Where possible, you should briefly summarise the basis for each amount you are claiming. You should collate evidence to support the amounts you are claiming and keep this, as you will need this evidence later on in the process. For example, you should use old payslips to show your loss of earnings. You should also locate receipts where you are claiming any expenses, e.g. commuting costs in looking for a new job.

Being prepared

You may be hesitant to produce a schedule of loss as you may not know how to obtain all of the figures, but you should be aware that the tribunal can order you to prepare one, so it is good to be prepared early.

You should also be aware that the respondent may produce a counter-schedule of loss which will set out how it objects to your schedule of loss, and proposes a different set of figures.

If you are concerned that the respondent will not disclose documents that you will need to prepare your schedule of loss, then consider asking the tribunal for an order for the respondent to disclose these to you. You should only do this if the documents are necessary to support your claim, otherwise the tribunal might view you negatively. There is no set format for the schedule of loss, but there are certain key things which the Tribunal will expect you to cover. You can use our template schedule of loss to help you prepare your own.

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.

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