What is a Schedule of Loss?
A schedule of loss is a key document used in unfair dismissal claims to set out the financial losses you have suffered because of your dismissal. Its main purpose is to provide a clear, itemised summary of what you are asking the employment tribunal to award you if your claim is successful. This helps both you and the tribunal to understand exactly what compensation you believe you are entitled to.
In an Unfair Dismissal case, the schedule of loss usually includes details such as lost earnings, loss of benefits (like pension contributions or bonuses), and any additional expenses you have incurred as a direct result of being dismissed. You may also list future losses if you are still out of work, as well as any statutory payments you are claiming. Being thorough and accurate in listing your financial losses is essential, as the tribunal will use this document to help decide what, if any, compensation to award.
Clearly presenting your losses in this way has several advantages. It makes your claim easier to understand, helps avoid confusion or disputes over the amounts claimed, and shows the tribunal that you have carefully considered your losses. This can strengthen your case and may even encourage your former employer to settle before the hearing.
The requirement to provide a schedule of loss comes from employment tribunal rules, and it is often requested early in the process. The legal basis for claiming compensation in unfair dismissal cases is set out in the Employment Rights Act 1996, which explains your rights and the remedies available if you have been unfairly dismissed.
If you are unsure about what losses you can claim or how to prepare your schedule, it can be helpful to seek advice or look at examples. You might also want to explore related topics, such as Claiming Benefits After Being Sacked, to understand what support is available to you while pursuing your claim.
Preparing a detailed and accurate schedule of loss is a crucial step in making a successful unfair dismissal claim. It ensures that the tribunal has all the information needed to assess your case fairly and helps you present the strongest possible argument for compensation.
When Should You Use a Schedule of Loss Template?
A schedule of loss template is an essential tool when making an unfair dismissal claim, but knowing when and how to use it can make a significant difference to your case. Here’s what you need to know about the right timing, its role in your compensation claim, and how it fits with other important documents.
When to Prepare Your Schedule of Loss
You should start preparing your schedule of loss as soon as you begin your unfair dismissal claim. While you may not have all the details at the very start, having a draft ready early on will help you understand the value of your claim and present a clear case to the employment tribunal. Most tribunals will require you to submit a schedule of loss after your claim has been accepted and before the final hearing, often as part of the case management process.
If you’re unsure about the overall process, see our guide on How to File an Unfair Dismissal Claim for step-by-step instructions, including when key documents like the schedule of loss are needed.
How a Schedule of Loss Supports Your Claim
A schedule of loss sets out, in detail, the financial losses you have suffered as a result of being unfairly dismissed. This includes lost earnings, lost benefits, pension contributions, and any other losses directly linked to your dismissal. By providing a clear calculation, you help the tribunal – and your former employer – understand exactly what compensation you are seeking.
The schedule of loss also allows you to demonstrate the impact of the dismissal on your finances, which is crucial for the tribunal when deciding on the amount of compensation. It’s important to keep your calculations realistic and supported by evidence such as payslips, contracts, or benefit statements.
Relation to Other Claim Documents
Your schedule of loss is just one part of the paperwork required for an unfair dismissal claim. It complements your main claim form (ET1), where you set out the facts and reasons for your claim. While the ET1 outlines the basis of your case, the schedule of loss focuses solely on the financial side.
Other documents, such as witness statements and supporting evidence, will also play a key role in your claim. Together, these documents provide a complete picture for the tribunal, showing both why you believe your dismissal was unfair and what losses you have suffered as a result.
If you are considering your next steps after being dismissed, you may also want to review your options for Claiming Benefits After Being Sacked, which can help you manage financially while your claim is ongoing.
Legal Standards and Best Practice
It’s important to remember that employers are expected to follow fair procedures when dismissing staff. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards for handling these situations. If your employer did not follow these guidelines, it could strengthen your case and may even affect the amount of compensation awarded.
By preparing your schedule of loss early and keeping it updated throughout the process, you’ll be in a strong position to present a clear, well-supported claim to the tribunal. This not only helps your case but also encourages fair and transparent resolution of employment disputes.
What to Include in Your Schedule of Loss
When preparing your schedule of loss for an unfair dismissal claim, it’s essential to include every financial loss you have suffered as a direct result of your dismissal. A well-prepared schedule helps the employment tribunal understand the full impact of your situation and ensures you claim the compensation you are entitled to. Here’s what you should include:
1. Lost Wages (Basic and Net Pay)
Start by calculating the wages you would have earned from the date of your dismissal up to either the date you found new employment or the date of the tribunal hearing (whichever comes first). Use your net pay (after tax and National Insurance) rather than your gross pay. Include regular overtime if it was a consistent part of your earnings.
- How to calculate: Multiply your weekly or monthly net pay by the number of weeks or months you have been out of work.
- Example: If you earned £2,000 net per month and have been unemployed for 4 months, your lost wages would be £8,000.
2. Lost Bonuses and Commission
If you regularly received bonuses or commission as part of your pay, include these in your schedule. Use evidence from previous years to show what you would reasonably have expected to receive.
- How to calculate: Take the average of past bonuses/commissions or use the most recent figures as a guide.
3. Lost Benefits
Include the value of any benefits you have lost due to your dismissal. This might cover:
- Private health insurance
- Company car or car allowance
- Gym memberships
- Share schemes
Estimate the cash value of these benefits, using evidence such as contract terms or benefit statements.
4. Lost Pension Contributions
If your employer contributed to your pension, calculate the amount you have missed out on during your period of unemployment. This includes both employer and, where relevant, your own contributions if you could not afford to continue them.
- How to calculate: Use your payslips or pension statements to find the monthly contribution, then multiply by the number of months since dismissal.
5. Future Losses
If you are still unemployed, you can claim for future losses. Estimate how long it will take you to find a new job at a similar salary. The employment tribunal will expect you to take reasonable steps to find work (known as “mitigating your loss”), so keep records of your job search.
- How to calculate: Multiply your expected net pay by the estimated period you will remain unemployed, but be realistic and provide evidence for your estimate.
6. Expenses Related to Dismissal
You may also claim for reasonable expenses caused by your dismissal, such as:
- Costs of job searches (e.g., travel to interviews)
- Retraining or courses needed to find new work
Keep receipts and records to support these claims.
7. Deductions and Benefits
Remember to deduct any income you have received since your dismissal, such as:
- Wages from new employment
- Statutory redundancy pay
- State benefits (e.g., Jobseeker’s Allowance)
If you’re unsure about how claiming benefits after being sacked might affect your schedule of loss, it’s important to get advice, as certain benefits may reduce the compensation you can claim.
8. Supporting Evidence
To strengthen your claim, gather documents such as:
- Payslips and P60s
- Employment contract and benefits statements
- Letters confirming new employment or job offers
- Receipts for expenses
- Evidence of your job search (emails, applications, interview invitations)
For more guidance on collecting the right documents, see the section on gathering evidence and documentation.
9. Calculating and Presenting Your Losses
The tribunal expects your schedule of loss to be clear, detailed, and supported by evidence. It’s helpful to break down each type of loss in a table or list format, showing how you arrived at each figure. For a step-by-step guide, see Calculating Loss of Earnings for Employment Tribunal Claims, which explains how to assess your losses and what the tribunal will look for when reviewing your case.
By including all relevant losses and supporting evidence, you give yourself the best chance of a fair and accurate compensation award. If you have any doubts or your case is complex, consider seeking advice from a legal professional or a specialist employment adviser.
How to Use a Schedule of Loss Template
Filling out a schedule of loss template is a crucial step in making your unfair dismissal claim clear and persuasive to the employment tribunal. Here’s a step-by-step guide to help you use the template effectively, along with practical tips and common pitfalls to avoid.
Step-by-Step Guide to Completing Your Schedule of Loss
- Gather Your Evidence
Before you start, collect all relevant documents, such as payslips, your employment contract, and any correspondence about your dismissal. These will help you provide accurate figures. - Enter Your Basic Details
Begin by filling in your name, the respondent’s name (your former employer), and the case number if you have one. This ensures your schedule is clearly linked to your claim. - Calculate Your Financial Losses
- Loss of Earnings: Work out the total wages you’ve lost from the date of dismissal until now. Include basic pay, bonuses, overtime, and any regular allowances.
- Future Losses: Estimate how long it might take to find a similar job and calculate the likely loss of earnings for that period.
- Loss of Benefits: Include the value of lost benefits, such as pension contributions, private healthcare, or company car allowances.
- Other Losses: If you had to pay for job search costs or training to find new work, include these as well.
Add Up the Total
List each type of loss separately and then provide a clear total. This helps the tribunal see exactly how you’ve calculated your claim.
Consider Deductions
If you have found a new job, or received any redundancy or notice pay, deduct these amounts from your total losses.
Include Interest
You may be able to claim interest on your losses. The tribunal can award interest, usually at 8% per year, but check the latest tribunal rules or seek advice if you’re unsure.
Review and Double-Check
Go through your completed schedule to make sure all figures are correct and supported by evidence.
Tips for Accuracy and Clarity
- Be Precise: Use exact dates and amounts wherever possible. Avoid rounding up figures or making rough estimates.
- Provide Evidence: Attach copies of payslips, contracts, and any other documents that support your calculations.
- Keep it Organised: Use clear headings and break down each type of loss so the tribunal can follow your reasoning easily.
- Update as Needed: If your situation changes (e.g., you find new work), update your schedule before your hearing.
Common Mistakes to Avoid
- Guessing Figures: Don’t estimate losses without supporting evidence. This can undermine your credibility.
- Omitting Benefits: Remember to include the value of lost benefits, not just your basic pay.
- Forgetting Deductions: Failing to account for new income or redundancy pay can lead to disputes over your total claim.
- Missing Deadlines: Submit your schedule of loss by the deadline set by the tribunal – late submissions may not be considered.
Why the Schedule of Loss Matters
A well-prepared schedule of loss helps the tribunal understand exactly what financial compensation you are seeking and why. It demonstrates your claim is well-founded and supported by evidence, making it easier for the tribunal to assess your case fairly. This document also helps your former employer see the basis of your claim, which can sometimes encourage early settlement.
If you’re unsure about next steps after unfair dismissal, you may also find it helpful to read about What Action Should You Take in Workplace Disputes? For those interested in related legal claims, our guide on How to File Your Wrongful Dismissal Claim offers further insight into the differences between unfair and wrongful dismissal cases.
By following these steps and avoiding common mistakes, you’ll give your claim the best possible foundation at tribunal.
Example Schedule of Loss Template
When you bring an unfair dismissal claim to an employment tribunal, you’ll need to show exactly what financial losses you’ve suffered. A schedule of loss is a document that clearly sets out these losses in a simple, organised way. Below is an example template, complete with sample entries and explanations to help you understand each section.
Example Schedule of Loss Template
| Section | Description | Example Entry |
|——————————|———————————————-|—————————|
| A. Basic Award | Compensation for unfair dismissal, calculated using your age, gross weekly pay, and years of service (similar to redundancy pay). | £2,400 |
| B. Loss of Earnings | Wages you would have earned from dismissal date to the hearing date, minus any money earned elsewhere in this period. | £8,000 |
| C. Future Loss of Earnings | Estimated wages lost after the hearing, if you’re still unemployed or earning less. | £4,000 |
| D. Loss of Statutory Rights | Compensation for losing rights built up over time with your employer (usually a modest sum). | £350 |
| E. Pension Loss | Loss of employer pension contributions due to dismissal. | £500 |
| F. Loss of Benefits | Loss of benefits such as health insurance, company car, or bonuses. | £1,200 |
| G. Expenses Incurred | Reasonable costs related to seeking new work (e.g., travel, postage, printing CVs). | £150 |
| H. Deductions | Any sums you’ve already received (e.g., redundancy pay, notice pay, or benefits). These should be subtracted from your total claim. | -£1,000 |
| Total Claimed | The sum of all the above sections (A–G), minus deductions (H). | £15,100 |
Explaining Each Part
- A. Basic Award: This is set by law under the Employment Rights Act 1996. It’s calculated based on your age, length of service, and weekly pay (capped at a statutory maximum). Only certain types of unfair dismissal qualify for this award.
- B. Loss of Earnings: Include your normal take-home pay, overtime, and regular bonuses. If you found a new job, deduct any income earned since your dismissal.
- C. Future Loss of Earnings: If you’re still out of work or earning less by the hearing date, estimate how long it will take to get back to your previous earnings level. Be realistic and provide evidence where possible.
- D. Loss of Statutory Rights: Starting a new job resets rights like protection from unfair dismissal. Tribunals may award a small sum to reflect this loss.
- E. Pension Loss: Calculate the value of any lost employer pension contributions. If unsure, ask your pension provider for details.
- F. Loss of Benefits: List any non-cash benefits you’ve lost, such as private healthcare or a company car, and estimate their value.
- G. Expenses Incurred: Keep receipts for job search expenses. Only reasonable costs are usually allowed.
- H. Deductions: Tribunals expect you to subtract any payments or benefits received as a result of your dismissal.
Practical Tips
- Be as accurate and honest as possible – tribunals may ask for evidence for each item.
- Update your schedule of loss if your situation changes before the hearing.
- If you’re unsure about how to value any part of your claim, consider seeking advice from a legal professional or a trade union representative.
If you’re also wondering about financial support after losing your job, you may find it helpful to read about Claiming Benefits After Being Sacked.
Preparing a clear schedule of loss will help the tribunal understand your claim and can increase your chances of getting fair compensation.
Next Steps After Preparing Your Schedule of Loss
Once you have prepared your schedule of loss, it’s important to understand the steps you need to take next to move your unfair dismissal claim forward. Here’s what to expect and how to ensure you are fully prepared for each stage.
Submitting Your Schedule of Loss
Your schedule of loss should be submitted as part of your claim to the employment tribunal. This document clearly sets out the financial losses you believe you have suffered as a result of your unfair dismissal, including lost earnings, pension contributions, and any other relevant amounts.
To start your claim, you’ll need to complete and submit Form ET1: Claim form for an Employment Tribunal. You can attach your schedule of loss at this stage or, if you haven’t finalised it yet, you may be asked to provide it later as your case progresses. Make sure your schedule is accurate and up to date, as the tribunal will use it to understand the compensation you are seeking.
What Happens After Submission
Once your claim and schedule of loss have been submitted, your employer will be given the opportunity to respond. The tribunal will set a timetable for both sides to exchange evidence and documents. At this stage, you may be asked for further details, or to clarify aspects of your schedule of loss.
The tribunal may also encourage both parties to try and resolve the dispute through settlement discussions. If an agreement cannot be reached, the case will proceed to a hearing where the tribunal will consider all the evidence, including your schedule of loss, before making a decision.
For more information on what happens after you file a claim, you might find it helpful to compare the process with What Happens After You File a Claim for wrongful dismissal, as the steps can be similar.
Preparing for Tribunal Hearings
As your hearing date approaches, it’s essential to be well prepared. The tribunal will expect you to provide evidence supporting the losses you have claimed, such as payslips, employment contracts, and details of any attempts you have made to find a new job.
You should also be ready to answer questions about your schedule of loss and explain how you have calculated each item. If you have witnesses, ensure they are available and briefed on the process.
For detailed, practical advice on how to get ready, including what documents to bring and how to present your case, see the Guidance on Preparing for Employment Tribunal Hearings.
Understanding Compensation and How It’s Decided
The tribunal will review your schedule of loss and decide whether the amounts claimed are reasonable and supported by evidence. They will consider factors such as your actual financial losses, efforts to reduce those losses (for example, by seeking new employment), and any statutory limits on compensation.
To understand more about the types of compensation available and how the tribunal calculates awards, visit our page on Compensation for Unfair Dismissal.
Strengthening Your Case
Finally, remember that a well-prepared schedule of loss is just one part of a strong unfair dismissal claim. To maximise your chances of success, it’s important to present clear evidence and be ready to respond to questions from both your employer and the tribunal. For more tips on building a robust case, see our guide on How to Win Your Unfair Dismissal Case.
By following these steps and making use of the available resources, you’ll be in the best position to pursue your claim and ensure your losses are properly assessed by the tribunal.
Additional Resources and Support
If you’re preparing a schedule of loss for an unfair dismissal claim, it’s important to know where to find further help and information. Navigating an employment tribunal can be stressful, but support is available to guide you through each step.
Getting Legal Advice and Practical Help
While you can complete a schedule of loss yourself, many people find it helpful to seek professional advice. Employment solicitors or specialist advisors can review your calculations, help you understand what losses you can claim, and ensure your document meets tribunal requirements. If you cannot afford a solicitor, you may be able to access free or low-cost advice through local advice centres or trade unions.
It’s also useful to check whether you are eligible to bring an unfair dismissal claim before investing time in preparing your schedule of loss. For more information on who can claim and what the process involves, visit Am I Eligible to Claim Unfair Dismissal?
Exploring Related Employment Claims
Unfair dismissal is just one type of employment dispute. In some cases, you may have a different or additional claim, such as constructive dismissal, which applies if you felt forced to resign because of your employer’s conduct. To learn more about this option and how it differs from unfair dismissal, see our guide on Claiming Constructive Dismissal.
You may also want to understand how wrongful dismissal claims differ from unfair dismissal. If you believe your employment contract was breached when you were dismissed, you may have a separate or additional claim. For further details and support, read How to File a Wrongful Dismissal Claim.
Looking After Your Wellbeing
Employment disputes can take a toll on your mental health and wellbeing. It’s normal to feel anxious, stressed, or uncertain during this time. If you’re struggling, there are resources and support available to help you manage the emotional impact. For guidance on your rights at work and where to find mental health support, visit Mental Health and Work: Your Rights.
Remember, you don’t have to face this process alone. Reaching out for legal advice and emotional support can make a significant difference as you prepare your schedule of loss and pursue your claim.
