Schedule of Loss

A schedule of loss is your itemised bill to the tribunal. Without one, you may leave money on the table. With a good one, you set the anchor for any settlement negotiation.

When do I need to serve the schedule of loss?

A schedule of loss must usually be served 2–4 weeks before the remedy hearing. The tribunal or respondent will specify the deadline in the case management order. If you're bringing a claim with a remedy element (unfair dismissal, discrimination, wrongful dismissal), you must provide one. Failure to serve on time may result in limited recovery or a struck-out claim in extreme cases.

Should I show the schedule to the employer before the hearing?

Yes. It's good practice (and often ordered) to serve the schedule on the employer at least 7 days before the hearing. This gives them time to comment or challenge your figures. If you don't serve it in advance, the employer may request an adjournment and the tribunal may penalise you on costs or limit your recovery.

How do I calculate future loss of earnings?

Future loss is typically: weekly net pay (after tax and NI) × estimated weeks to find comparable employment. For most claims, 6–12 months is reasonable. For older claimants or niche roles, longer periods may be justified. Show your assumptions clearly. The tribunal may reduce this if it thinks you should have found work sooner. Use recent payslips to evidence your net weekly pay.

Is calculating pension loss too complex to do myself?

For a Defined Contribution (DC) scheme, use a simplified approach: multiply the employer's monthly contribution by the number of months of loss (e.g., £500/month × 12 months = £6,000). For Defined Benefit (DB) schemes, specialist actuarial calculation is recommended—many employment solicitors will advise on costs. You can also obtain a rough estimate from your pension provider.

What if I find a new job before the hearing—should I update the schedule?

Yes, absolutely. Update the schedule with actual figures as soon as you have them. If you've started new employment, reduce (or remove) future loss accordingly. Provide the updated schedule at least 7 days before trial. An outdated schedule damages your credibility and can result in a lower award or cost implications if the employer has to prepare twice.

Can I include injury to feelings if my claim is unfair dismissal only (not discrimination)?

No. Injury to feelings is only available for discrimination claims (race, sex, disability, pregnancy, etc.) under the Equality Act. If your claim is unfair dismissal alone, you cannot claim injury to feelings. However, you can claim loss of earnings, statutory rights, pension loss, and other financial loss.

Does the tribunal have to award exactly what I claim in the schedule?

No. The schedule sets out your calculation and claim, but the tribunal assesses remedy independently. The tribunal will examine your evidence, apply the law, and award what it considers reasonable and proven. If your figures are unrealistic or unsupported, the tribunal will award less. The schedule is a tool to present your case clearly, not a binding contract.

before remedy hearing

the ceiling on your claim

as circumstances change

What Is a Schedule of Loss?

A schedule of loss is a document setting out all financial losses you claim as a result of the breach of employment law (eg. unfair dismissal, discrimination, breach of contract). It is required in virtually every case before a remedy hearing.

The schedule is also used in pre-hearing negotiations and settlement discussions. It forces you to quantify your losses clearly and gives the employer and tribunal a clear picture of what you are claiming.

Available in unfair dismissal cases. Calculate as: years of service × current weekly pay (capped at £751) × age multiplier. For example, 5 years × £500 × 1.5 (age multiplier) = £3,750.

2. Compensatory Award — Past Loss of Earnings

Gross weekly pay × number of weeks unemployed since dismissal. Use payslips to evidence your gross wage. Include statutory deductions but not personal tax or NI contributions in the calculation (the tribunal applies Inland Revenue multipliers).

3. Compensatory Award — Future Loss of Earnings

Weekly net pay (after tax and NI) × estimated weeks to find comparable employment. Show your assumptions: if you expect 9 months to find equivalent work, justify this. Use payslips or tax returns to evidence net weekly pay.

4. Loss of Statutory Rights

Usually £500–£1,500. This is the value of losing your 2-year qualifying period—when you start a new job, you won't be protected against unfair dismissal for another 2 years. Claim a figure within this band depending on the risk.

For DC pensions, use: employer contribution per month × months of loss. For DB pensions, obtain actuarial advice. State clearly how you've calculated this so the tribunal understands.

Value any benefits you lost: car allowance, health insurance, gym membership, mobile phone allowance, etc. Multiply the monthly value by the number of months of loss. Include documentary evidence (payslips showing these benefits).

7. Injury to Feelings (Discrimination Only)

Available in discrimination claims. State the Vento band your case falls into. For claims presented on or after 6 April 2026: lower band £1,300–£12,600, middle band £12,600–£37,700, upper band £37,700–£62,900, exceptional cases above £62,900. Provide evidence of impact: medical records, therapy costs, distress diary.

Medical or counselling expenses, specialist legal costs not covered elsewhere, travel costs to tribunal, or other direct losses caused by the breach. State clearly and evidence where possible.

If your employer failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures, the tribunal can uprate the award by up to 25%.

In your schedule, state clearly if you believe the Code was breached (eg. no written warning, no opportunity to be accompanied, no right of appeal) and claim an uplift of 10–25% accordingly. This multiplies your total compensation.

Deductions from Your Claim

Do not hide deductions. State them clearly in your schedule. Common deductions include:

If the employer argues fair dismissal was inevitable even if procedure had been followed, you might accept 10–50% reduction. Include this if realistic.

If you were partly responsible for the breach (eg. poor performance, misconduct), accept a percentage reduction.

Any earnings you've received since dismissal, jobseeker's allowance, or benefits you've claimed reduce your compensatory award.

How to Present Your Schedule

Format matters. Keep it professional and clear:

Include your name, case number, and date at the top.

Use a simple itemised table format with columns: Head of Loss | Calculation | Amount claimed.

Provide detailed calculations for each item so the tribunal can follow your reasoning.

Include a total at the bottom.

Attach supporting documents: payslips, contracts, medical evidence, quotes for benefits lost.

Keep the narrative brief—let the numbers speak. Use schedules to say your damages, not to argue facts.

Frequently Asked Questions

Calculate Your Losses Accurately

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Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.

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Employment Rights Act 1996

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