Preparing a schedule of loss for an unfair dismissal claim
Before you make a claim to an employment tribunal, it's important to work out what you think your claim is worth. You can also use this figure to negotiate with your employer to avoid making a claim to a tribunal. Make sure you include all the claims you might have - for example, if you haven’t been paid notice or holiday pay.
You can make a document to show how much you want the tribunal to award you if you win your claim - this is called a ‘schedule of loss’. The tribunal will usually ask you to prepare one.
There’s no standard form to use but you can use our example as a template.
Check what to include in a schedule of loss
A schedule of loss is usually made up of two parts:
-
the basic award
-
the compensatory award
You can find out how to calculate the basic award and the compensatory award.
Example schedule of loss
This example is for a claim by Donald Drake who was dismissed after 14 years. He wrote his schedule on 19 November 2021.
DONALD DRAKE: SCHEDULE OF LOSS at 19 November 2021
Case no: 123456/2021
UNFAIR DISMISSAL
Basic award
Date I was dismissed: 29.07.21
Age when dismissed: 47
Number of years I’d worked when I was dismissed: 14
Gross week's pay: £383.00
17 weeks x £383 a week
[The number of weeks depends on how long you’ve worked and your age. Check how to calculate the number of weeks for your circumstances.]
Total basic award: £6,511.00
COMPENSATORY AWARD
I’m still looking for work. I did 2 weeks' temporary work in September 2021 but haven’t been able to find a permanent job.
Past losses
Loss of earnings
Net pay: £1,150 a month
Length of time out of work: 4.3 months
Total lost pay: £4,945.00
LESS income received
2 weeks’ net pay from temporary work: -£480.00
Other benefits
Pension: £75 a month
My employer contributed 4.5% of gross salary to my pension.
Total pension loss: £322.50
Job seeking expenses
I’ve been to 4 job interviews and it cost me £50.00 to travel to and from the interviews.
Total job seeking expenses: £50
Future losses
I’m losing £1,235.00 a month. This is made up of:
-
my net loss of earnings - £1,150
-
my pension loss - £75
-
my job seeking expenses - £10.00
I think this loss will continue for 9 months. I’m a skilled worker but the local job market is difficult and I can’t travel far to work because I have to care for my disabled son in the evenings while my wife is at work.
In my area, skilled workers are unemployed for an average of 7 months. I think it’ll take me longer than average to find work because of the limit on how many hours I can work and the fact I was sacked for gross misconduct.
Total future loss: 9 months x £1,235 = £11,115.00
Loss of statutory rights
I’ll have to work 2 years to be protected against unfair dismissal. I think it would be appropriate for the tribunal to award £500 to reflect my loss of statutory rights.
Total compensatory award: £16,452.50
Uplift for failure to follow the Acas code
My employer didn’t follow the Acas Code of Practice so I think the tribunal should increase the compensatory award by 10%. My employer didn’t tell me I had a right of appeal. When I was advised I could appeal, I tried to do so but my employer ignored my letter.
Total increase: £1,645.25
Total compensatory award including uplift: £18,097.75
WRONGFUL DISMISSAL
Notice pay
I’ll only seek an award under this heading if no compensatory award is made for loss of earnings for the same period.
My notice entitlement: 12 weeks
Net pay: £265 a week x 12 weeks = £3,180.00
Other benefits
Pension £17.00 a week x 12 weeks = £204.00
Total notice pay and benefits: £3,384.00
Uplift for failure to follow Acas code
My employer didn’t follow the Acas Code of Practice so I think the tribunal should increase any award of notice pay by 10%. My employer didn’t tell me I had a right of appeal. When I was advised I could appeal, I tried to do so but my employer ignored my letter.
Total increase: £338.40
Total notice pay including uplift: £3,722.40
HOLIDAY PAY
My leave year: 1 April – 31 March
Amount of holiday accrued at EDT: 5.02 weeks
Amount of holiday taken: 4.2 weeks
Number of weeks/days holiday owed: 0.82 weeks
Statutory week’s pay: £265
Total: £217.30
Uplift for failure to follow the Acas Code
My employer didn’t follow the Acas Code of Practice so I think the tribunal should increase any award of holiday pay by 10%. I sent a grievance letter on 1 July 2021 and a reminder on 15 July 2021. My employer ignored both letters and made no attempt at all to comply with the Code.
Total increase: £54.33
Total holiday pay including uplift: £271.63
AWARD FOR FAILURE TO PROVIDE A STATEMENT OF TERMS AND CONDITIONS
I wasn’t given a written statement of my terms and conditions of employment. I think the tribunal should award an additional 4 weeks' statutory pay.
Total: 4 weeks x £383.00 = £1,532