Introduction
If you are bringing an Employment Tribunal claim and seeking financial compensation, you may be asked to provide a Schedule of Loss. This document sets out the compensation you are claiming and explains how you have calculated the amount.
A Schedule of Loss is not simply a figure showing how much money you want from your employer. It should provide a clear breakdown of the financial losses and other compensation being claimed, supported where appropriate by relevant evidence.
The amount and type of compensation that can be claimed depends on the nature of the Employment Tribunal claim. For example, an unfair dismissal claim may involve loss of earnings, while a discrimination claim can involve compensation for injury to feelings as well as financial losses.
If you are preparing a Schedule of Loss, understanding what it should contain and keeping your calculations up to date can help you present your financial position clearly to the Tribunal.
Table of Contents
- What Is a Schedule of Loss in an Employment Tribunal?
- When Do You Need a Schedule of Loss?
- What Should Be Included in a Schedule of Loss?
- How to Calculate Your Employment Tribunal Losses
- What Evidence Supports a Schedule of Loss?
- Can You Update a Schedule of Loss?
- What Is a Counter-Schedule of Loss?
- Common Mistakes When Preparing a Schedule of Loss
- Schedule of Loss vs Employment Tribunal Compensation
- Preparing Your Schedule of Loss for the Tribunal Hearing
- Get Support With Your Employment Tribunal Claim
- Final Thoughts
- Frequently Asked Questions
What Is a Schedule of Loss in an Employment Tribunal?
A Schedule of Loss is a document that sets out the compensation a claimant is asking an Employment Tribunal to award. It generally explains each head of loss, the amount being claimed and how the figure has been calculated. Depending on the circumstances of the case, this may include past loss of earnings, future loss of earnings, loss of benefits, expenses and other forms of compensation.
The Tribunal will consider the evidence and circumstances of the case when deciding what compensation, if any, should be awarded. Compensation is not automatically the same as the amount included in a claimant’s Schedule of Loss. In some cases, the respondent may also prepare a counter-schedule if they disagree with the claimant’s calculations.
When Do You Need a Schedule of Loss?
A Schedule of Loss is particularly relevant where you are seeking financial compensation as part of your Employment Tribunal claim.
The Tribunal may give directions requiring a claimant to prepare and provide one by a particular deadline. You should therefore check the case management orders and directions made in your case rather than assuming that the same deadline applies to every claim.
The document may also need to be updated as the case progresses. For example, if you remain out of work, your financial loss may continue to increase. Similarly, finding new employment may change the amount of future or continuing loss that you are claiming.
A Schedule of Loss should therefore be treated as a document that may need to be reviewed and updated rather than a figure that is prepared once and never changed.
What Should Be Included in a Schedule of Loss?
The contents will depend on the claims being made and the losses that can properly be claimed.
Loss of Earnings
Loss of earnings may be relevant where the circumstances of the claim have caused you to lose income. You should calculate the loss carefully and explain how the figure has been reached. This could involve identifying your previous pay, the period for which earnings were lost and any income received during that period. Where relevant, the calculation may also need to take account of deductions and other factors affecting the actual loss.
Future Loss of Earnings
In some cases, a claimant may argue that the effects of the employer’s actions will continue beyond the date on which the Schedule of Loss is prepared. For example, an unfair dismissal claim may involve a claim for future loss of earnings where the claimant says they are likely to remain financially disadvantaged for a period after dismissal. Future loss can be more difficult to calculate because it involves assessing what may happen in the future. The claimant may need to explain the basis for the calculation and provide evidence supporting the position being taken.
Loss of Employment Benefits
Financial loss is not necessarily limited to basic salary. Depending on the circumstances, a claimant may have lost benefits connected with their employment. These could include pension contributions or other employment-related benefits. If such losses are being claimed, the Schedule of Loss should explain what has been lost and how the amount has been calculated.
Expenses and Other Financial Losses
Other financial losses may be relevant depending on the type of claim and the circumstances. Where an expense is being claimed, it is important to keep evidence showing what was paid and why the expense was incurred. Receipts, statements, invoices or other relevant documents may help support the calculation. The Tribunal will consider whether the loss being claimed is properly connected to the claim and supported by evidence.
Injury to Feelings in Discrimination Claims
Discrimination claims can involve compensation for injury to feelings. This is different from financial loss such as unpaid wages or lost earnings. The amount claimed will depend on the circumstances of the discrimination and the applicable legal principles. The Schedule of Loss should therefore distinguish between financial losses and other forms of compensation rather than combining everything into one unexplained figure.
How to Calculate Your Loss
The key to preparing a useful Schedule of Loss is to show how each figure has been reached. For example, rather than simply stating that you are claiming £10,000 for lost earnings, the calculation should explain the period and rate of loss that produces the figure. You should work through each element separately and keep your calculations consistent with the evidence available in your case.
Your calculations may need to take account of matters such as income received from another job, benefits, mitigation of loss or other payments. The precise considerations will depend on the type of claim. For some employment claims, the law requires the Tribunal to consider the loss attributable to the employer’s conduct and the claimant’s duty to mitigate their loss.
What Evidence Can Support a Schedule of Loss?
Your Schedule of Loss should be capable of being supported by evidence. For loss of earnings, relevant evidence might include payslips, employment contracts, P60s, bank statements or other records showing your income. If you have obtained alternative employment after losing your previous job, information about your new earnings may also be relevant to the calculation.
Where you claim expenses, keep documents showing the amount paid. If you claim future losses, you may need evidence explaining why you believe the loss is likely to continue. This is one reason why preparing a Schedule of Loss should be considered alongside your wider evidence preparation. Your existing guide, What Evidence Do You Need for an Employment Tribunal Claim?, can help explain the types of evidence that may be relevant to your case.
Should You Include Future Loss in a Schedule of Loss?
Future loss can be included where it is relevant to the claim and supported by the circumstances of the case. However, calculating future loss is more complicated than simply multiplying your salary by the number of months you expect to remain unemployed.
The Tribunal may consider factors such as your prospects of finding alternative employment, your earnings in any new role and the evidence supporting the period of future loss being claimed. For this reason, it is important to explain the assumptions behind any future-loss calculation rather than presenting an unexplained lump sum.
Can a Schedule of Loss Be Changed?
Yes, a Schedule of Loss may need to be updated as the case develops. Your financial circumstances can change between the initial preparation of the document and the final hearing. You may find another job, receive further income, incur additional losses or obtain more accurate information about the value of a particular loss.
Employment Tribunal cases can also involve case management orders requiring updated information by specified dates.
Tribunal judgments demonstrate that schedules of loss can be updated during proceedings and that respondents may provide a counter-schedule where they dispute the claimant’s calculations. You should therefore follow the specific directions made in your case and keep your calculations under review.
What Is a Counter-Schedule of Loss?
A respondent may disagree with some or all of the losses included in a claimant’s Schedule of Loss. Where appropriate, the employer may prepare a counter-schedule setting out the figures they say should apply instead. This does not necessarily mean that the claimant’s original calculation is wrong. It means that the parties disagree about the amount or basis of compensation being claimed. The Tribunal will consider the evidence and arguments from both sides when determining the appropriate remedy.
Common Mistakes When Preparing a Schedule of Loss
One common mistake is providing a single total without explaining how the figure was calculated. A Tribunal needs to understand what each amount represents and how it has been reached. Another problem is failing to update the Schedule of Loss when circumstances change. If you have found new employment or your financial losses have changed, your previous figures may no longer accurately represent your position.
It can also be problematic to include losses without evidence to support them. Keeping relevant financial records throughout the case can make it easier to explain and substantiate your calculations. Finally, a Schedule of Loss should reflect the claims actually being pursued. It should not simply include every possible type of compensation without considering whether it applies to your circumstances.
Schedule of Loss vs Employment Tribunal Compensation
A Schedule of Loss is a statement of what the claimant is asking the Tribunal to award. It is not the same thing as the compensation ultimately awarded. The Tribunal may decide that some losses have not been established, that a calculation should be reduced, or that a particular head of compensation does not apply.
For example, GOV.UK explains that compensation can depend on the type of case and the losses suffered, and that different types of remedies may be available depending on the circumstances. This is why a Schedule of Loss should be based on a clear calculation and supporting evidence rather than an assumed compensation figure.
How to Prepare Your Schedule of Loss for a Tribunal Hearing
Before the hearing, review your Schedule of Loss and make sure the figures remain accurate. Check that your calculations reflect your current circumstances, that supporting documents are available and that you can explain where each significant figure comes from.
You should also check any Tribunal directions relating to the Schedule of Loss and remedy evidence. The Tribunal’s hearing guidance explains that parties may be required to prepare for different stages of the proceedings and should follow relevant case management directions. If your case reaches a remedy hearing, you may be required to explain the losses you are claiming and provide evidence supporting them.
Get Support With Your Employment Tribunal Case
Preparing a Schedule of Loss can become complicated when a claim involves several different types of financial loss, future losses or compensation arising from discrimination. Professional support can help you understand what information needs to be included, organise the relevant calculations and prepare for questions about the figures being claimed. At Employment Tribunal Support, we can help you understand the practical requirements of your Tribunal case and prepare for the stages involved.
Final Thoughts
A Schedule of Loss provides the Tribunal with a structured explanation of the compensation you are seeking. It should show what you are claiming, how each figure has been calculated and, where appropriate, the evidence supporting those calculations. Your financial position may change as the Tribunal case progresses, so it is important to keep the document under review and follow any directions given by the Tribunal. A carefully prepared Schedule of Loss can make your position clearer and help you explain the financial consequences of the issues raised in your claim.
Frequently Asked Questions
What is a Schedule of Loss in an Employment Tribunal?
A Schedule of Loss is a document setting out the compensation a claimant is seeking and explaining how the amounts have been calculated.
How do I calculate a Schedule of Loss?
You should identify each relevant head of loss, calculate the amount attributable to it and explain the basis of the calculation. Supporting financial evidence should be retained where relevant.
Can I update my Schedule of Loss?
A Schedule of Loss may need to be updated if your financial circumstances change or if the Tribunal requires updated figures. You should follow the case management directions in your particular case.
Does a Schedule of Loss mean I will receive the amount claimed?
No. A Schedule of Loss sets out the compensation being claimed. The Tribunal decides what, if anything, should be awarded after considering the evidence and applicable law.
Do discrimination claims require a Schedule of Loss?
Where financial compensation is being claimed in a discrimination case, a Schedule of Loss may be used to set out the different elements of compensation being sought, including financial losses and injury to feelings where applicable.
Can an employer challenge my Schedule of Loss?
Yes. An employer may dispute the figures or the basis on which particular losses have been calculated and may provide a counter-schedule where appropriate.




