What is a Schedule of Loss?
An Employment Tribunal will at some point order a Claimant to prepare a ‘Schedule of Loss’. This is an important document which sets out your losses and details what compensation you are seeking. Every Claimant’s schedule of loss will be different and will need a bespoke approach. What you claim will somewhat depend upon your claim, but for claims of unfair dismissal or discrimination a schedule of loss will usually include the following: –
- Basic Award
If you have made a claim for unfair dismissal (including constructive dismissal or being dismissed for a discriminatory reason) you will usually claim a basic award. This is a sum of money which is calculated on the same basis as statutory redundancy pay.
- Financial Losses (compensatory award)
Here you will set out your claim for your loss of earnings, loss of pension contributions, loss of any bonuses, commission, or other perks such as medical insurance or company car.
If you have found new employment, you will need to give ‘credit’ (deduct) these wages/pension contributions. If you have found new employment quickly after a dismissal or resigning, or your new earnings are higher than your old earnings, you may find that this element of your schedule of loss is rather modest.
For normal unfair dismissal claims the maximum compensation that can be awarded is the lower of one year’s gross pay which is currently capped at £105,707 (from April 2023 – this figure will change in the future). This cap does not apply to ‘automatically’ unfair dismissal claims (such as for whistleblowing) or for claims of discrimination.
- Injury to feelings
If you are pursuing a claim for discrimination or whistleblowing you can also claim compensation for injury to feelings. This element isn’t to punish your employer; it is to compensate you for your injured feelings and will consider matters like stress, anxiety, hurt feelings. This is calculated based upon the ‘Vento’ guidelines which at April 2023 are: –
- Lower band – £1,100 – £11,200 (for one off acts of discrimination)
- Middle band – £11,200 – £33,700 (for matters which do not fall within the other bands)
- Upper band – £33,700 – £56,200 (for very serious matters)
These sums are usually reviewed annually in April of each year. You can also make a claim here for aggravated damages.
Further, you can also make a claim for personal injury in the Employment Tribunal if you are claiming discrimination, however, you should take specific legal advice on this element.
- Loss of statutory rights
This is a token sum (around £300-£500) to take into account the loss of employment rights you may have accrued (such as the right not to be unfairly dismissed or for redundancy pay) once you have two years’ service.
- ACAS Uplift
An Employment Tribunal has the power to increase (or decrease if an employee failed to comply) a compensatory award by no more than 25% providing it considers that an employer has unreasonably failed to comply with the ACAS Code and it is just and equitable to increase the award.
- Interest
Interest on past financial losses and injury to feelings can be claimed in discrimination claims. This is currently claimed at the rate of 8% per annum. There are specific rules regarding the period of time that interest can be claimed.
This is a brief guide of what a schedule of loss may contain. Our solicitors can assist you with calculating and drafting a suitable of schedule of loss and helping to negotiate a settlement for your claim. Please contact us or call 01483 303636 to see how we can help you.
