Drafting the Schedule of loss
A schedule of loss is a document that sets out the losses a claimant has suffered. Through the life of a claim several schedule of losses will be issued. 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”.
It is important to make sure that you claim all the compensation that may be available to the claimant – for details on how compensation is calculated see Calculating Damages.
Claimants should set out what they are claiming in the ET1. You do not have to be too specific at this stage, although it is a good idea to calculate losses as early as possible – this can help in negotiating a settlement and managing the client’s expectations.
Example Schedule of loss for ET1
I was paid £7.38/hour for my kitchen work (15 hours a week) and £7.10/hour for my nursery work (approximately 10-20 hours a week but differed from week to week). The Tribunal may wish to use its own method of calculating my weekly earnings. I am claiming:
– The basic award for unfair dismissal.
– Loss of statutory rights.
– One week’s notice pay.
– Accrued but untaken holiday.
– 12 months’ loss of earnings from when my SMP ends, as I anticipate this is the length of time it will take me to find suitable work.
– Any applicable expenses incurred in mitigation
less any amounts I earn in mitigation.
I am also claiming:
– Unauthorised deductions in relation to the failure to pay me the National Minimum Wage and in relation to the failure to pay me SMP.
– Four week’s pay for my employer’s failure to provide a section 1 ERA 1996 statement of particulars (In Northern Ireland, you would claim under Part III of the Employment Rights (NI) Order 1996)
– Compensation for injury to feelings (I submit that my claim falls within the middle band of Vento/Da Bell)
plus any relevant statutory uplift up to 25% and interest as applicable.
The tribunal may order the Claimant to supply the full Schedule of Loss and Remedy at a fairly early stage in the proceedings or immediately before the hearing.
There is no set format for the Schedule, though some tribunal regions offer a precedent.
The Claimant should list the items of compensation she is seeking (loss of earnings; loss of pension; injury to feelings; interest etc.) and the rate of pay which she would have received had she still been employed. There is a precedent here.
If you have further questions and would like to contact our advice team please use our advice contact form below or call us.