Schedule of loss

The document that converts your unfair dismissal or discrimination claim into concrete figures — what you have lost, what you will continue to lose, and what the tribunal is being asked to award. Getting it right is as important as winning on liability.

When do I need to submit a schedule of loss?

The tribunal will usually set a deadline in the case management order — commonly two to four weeks before the remedy hearing. For straightforward unfair dismissal claims where both sides want to settle, serving a draft schedule early (sometimes before any hearing) helps focus negotiations. If the tribunal has not set a deadline, serve your schedule at least seven days before the remedy hearing so the other side has time to respond.

Is there an official template for a schedule of loss?

There is no single mandatory form, but the Presidents of the Employment Tribunals have issued Presidential Guidance on preparing schedules of loss. It sets out the headings expected — past loss, future loss, pension loss, injury to feelings if applicable, interest, and the basic award. Many employment judges work from those headings, so following them reduces the risk of your schedule being returned for amendment.

Does the compensatory award cap apply to discrimination claims?

No. The statutory cap on the compensatory award in unfair dismissal claims (currently the lower of 52 weeks' gross pay or £123,543) does not apply to discrimination claims brought under the Equality Act 2010. Discrimination compensation is uncapped, which is why cases involving both unfair dismissal and discrimination require careful presentation of each head of loss separately.

What is the weekly pay cap for the basic award?

For dismissals on or after 6 April 2026, a week's pay is capped at £751. The basic award is calculated as: number of complete years of service (up to 20) multiplied by a multiplier that depends on your age during each of those years (0.5 for years worked under 22, 1 for years worked at 22-40, 1.5 for years worked at 41 and over), multiplied by a week's capped pay. The maximum basic award is therefore £22,530. The figures are reviewed each April.

How do I calculate future loss of earnings?

Future loss is the net weekly pay you have lost (or will continue to lose) between the hearing date and the date you would reasonably be expected to find comparable work. Estimate the period honestly — tribunals will reduce inflated figures. Show your net weekly pay from recent payslips, state the period you claim, and explain your mitigation efforts. If you have already found a new job, future loss ends at the start date.

What is an ACAS uplift and how does it appear in the schedule?

An ACAS uplift is an increase of up to 25% applied to the compensatory award where the employer unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. List it as a separate line item after your base compensatory award, showing the percentage claimed and the sum it adds. Tribunals have discretion both on whether to award it and on the percentage.

Do I need to include interest in the schedule?

Interest on an unpaid employment tribunal award is governed by the Employment Tribunals (Interest) Order 1990. If the award is not paid in full within 14 days of the judgment, simple interest at 8% a year runs from the day after the judgment. In discrimination claims, the tribunal can also add interest to the award itself under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996, currently at 8%. On injury to feelings it runs for the whole period from the act of discrimination to the date the tribunal calculates the award. On financial losses it runs from the mid-point of that period. Include an interest calculation as a separate section if you are seeking it.

Can I update the schedule after I have served it?

Yes, and you should — particularly if your employment situation changes, you find a new job, or the hearing is delayed. An outdated schedule undermines your credibility. Serve an updated version as soon as figures change and flag what has been amended. Most tribunals welcome an up-to-date schedule rather than a stale one.

How do I write a schedule of loss for an employment tribunal?

List each head of claim on its own line, show the figure and the calculation behind it, and refer to the evidence — payslips, pension statements, job applications and any new earnings. Start with the basic award, then past loss, future loss, loss of statutory rights, pension loss, and any injury to feelings or ACAS uplift. Deduct what you have earned since dismissal, and date the document so it is clear which figures are current.

What goes in a schedule of loss for a discrimination claim?

The same financial heads as an unfair dismissal claim, plus injury to feelings assessed using the Vento bands, and interest. Keep the discrimination heads separate from any unfair dismissal heads, because the compensatory award cap does not apply to discrimination compensation.

Is there a schedule of loss example or template?

There is no single mandatory form. The worked example on this page shows the usual layout: one line per head of claim, with the calculation beside each figure and a total at the end. The Presidential Guidance cited on this page sets out the headings employment judges expect to see.

What a schedule of loss actually does

Winning on liability — persuading a tribunal that you were unfairly dismissed, or that you suffered unlawful discrimination — is only half the battle. The second half is remedy: what should the tribunal award you, and how much? That is what the schedule of loss addresses.

The schedule is a formal document served on both the tribunal and the respondent before the remedy hearing. It breaks your claim into its component parts, puts a figure on each, and shows how you arrived at those figures. Without it, the remedy hearing cannot run efficiently — neither the tribunal nor the employer can respond to a claim whose figures they have never seen. Most case management orders require it. Even where no order exists, failing to serve one is a serious tactical error.

The document serves a second purpose: it drives settlement. Once the other side sees your figures set out precisely, they can assess their exposure. A clear, well-evidenced schedule often prompts a realistic offer. An inflated or chaotic one gives the employer room to argue your claim down or to stall.

The standard heads of claim in an unfair dismissal schedule are: the basic award (a statutory payment calculated from age, service and weekly pay); past loss of earnings (net earnings lost from the dismissal date to the hearing, minus any new income); future loss of earnings (a projection of how long you will remain out of comparable work); loss of statutory rights (a small conventional sum, typically £500, set by the tribunal rather than fixed, reflecting the loss of your accrued service protection); pension loss (employer contributions you have missed); and any ACAS uplift where the employer breached the disciplinary code. In discrimination cases, injury to feelings is also claimable and is assessed using the Vento bands rather than a financial loss calculation.

Interest runs on certain heads of claim in discrimination cases — from the date of the act of discrimination to the date the tribunal calculates the award on injury to feelings, and from the mid-point of that period on financial losses. For unfair dismissal, interest runs from the day after judgment only if the award is not paid in full within 14 days, so it typically does not appear in the schedule itself.

Deborah is 44 and has worked for her employer for six years as a senior project manager, earning £52,000 gross (£3,400 net per month). She was dismissed on 15 October 2025. Her employment tribunal claim succeeds on both unfair dismissal and age discrimination. The remedy hearing is listed for 20 June 2026 — eight months after dismissal. She secured a new, lower-paid role on 1 April 2026, earning £40,000 gross (£2,650 net per month).

Her schedule sets out each head separately:

Basic award (3 years at age 41+ × 1.5 and 3 years × 1.0 = 7.5 weeks × £719, the weekly pay cap for dismissals from 6 April 2025)

Past loss: Oct 2025–Mar 2026 (5.5 months × £3,400 net)

Ongoing net loss from new job (£3,400 – £2,650 = £750/month × 12 months projected)

Pension loss (employer contrib. £250/month × 17 months)

Loss of statutory rights (typical award, tribunal decides)

Injury to feelings — lower Vento band (age discrimination)

Interest on injury to feelings (8% from 15 Oct 2025 to 20 Jun 2026 = 248 days)

ACAS uplift on compensatory award (20%)

Notice that Deborah has not inflated past loss to the full eight months. She shows only the five and a half months she was entirely out of work, then switches to the ongoing pay differential. This is honest presentation — and it is harder for the employer to attack than a figure that ignores mitigating income. The ACAS uplift appears as a percentage of the compensatory award sub-total, not the basic award.

The compensatory award cap (for her October 2025 dismissal, the lower of 52 weeks' gross pay or £118,223) is applied last, after all deductions and the ACAS uplift. Here the compensatory award is well below the cap, so it does not bite. On the discrimination head there is no cap at all, which is why keeping the two claims clearly separated in the schedule matters.

Employment Rights Act 1996, sections 118–122

Employment Rights Act 1996, sections 123–124

Employment Rights Act 1996, section 207A

Equality Act 2010, section 119

Employment Tribunals (Interest) Order 1990

Presidential Guidance on Schedules of Loss

Employment tribunal compensation

Schedule of Loss: Employment Tribunal Guide and Example

How to write a schedule of loss for an employment tribunal: what to include for unfair dismissal and discrimination, a worked example, and pitfalls to avoid.