Quite early in the Employment Tribunal process, you may be asked
to provide a Schedule of
Loss to the tribunal and also to your (ex-) employer.
What does this actually mean and how do you go about compiling it?
You will use a different schedule for an ordinary unfair dismissal claim than for a discrimination claim. But there are some broad principles you can follow. What the tribunal wants to understand is the extent of the financial losses you have suffered as a result of the potentially unlawful conduct of your employer.
There is a tendency for claimants to exaggerate their losses and to want to submit a Schedule of Loss with a really big number on it. This is counterproductive for several reasons. Firstly, it will irritate and alienate the Employment Judge. They have no time for fantasy. They want facts. Secondly, if you are seeking to settle your claim, which you absolutely should be doing throughout the life of the litigation, putting a ridiculously high number is likely to push the other side away from the table and make settlement less likely. The message is clear: keep it real. And realistic.
Lawyers refer to the value of a claim as the quantum. This just
means how much the case is
worth if you win.
Your schedule will begin by setting out some key information:
- Your net weekly basic pay (take-home after tax)
- Your contractual notice period (expressed in weeks or months)
- Your date of birth
- Your period of employment
- Your continuous service (how long in full years you have worked for this employer)
- Your age at the termination date (if you have been dismissed)
- Your gross weekly basic pay
The Basic Award for unfair dismissal is calculated by reference to a multiplier times by years of service times by a week's pay (up to the statutory maximum limit) less any termination/redundancy pay.
The Compensation Award calculates your losses to the first date of the full tribunal hearing and includes items such as loss of pension and other benefits. Note that you must account for any income received from a new job (this is called mitigation).
There can be an uplift for failure to comply with a statutory code, but the tribunal is likely to guide you on this if this is applicable.
You can also ask for future financial loss for salary, pension and other benefits.
With discrimination claims, you can ask the tribunal to compensate for non-financial loss. The main head of loss here is Injury to Feelings – damages for discrimination, which are calculated by reference to the Vento guidelines. In rare cases, aggravated damages, stigma damages, exemplary damages and damages for personal injury might also apply. You can add these to your Schedule without specifying a number if you want the tribunal to consider them.
You can then, if you wish, gross up all the losses to show the payment you wish to receive before tax is applied.
The Citizen's Advice Bureau has useful information on how to prepare your Schedule.
Protect also has a template.
If you consult Google, you can be sure to find others to assist you with your preparation.
Your overall aim should be to compile a sensible and factually accurate schedule about your financial situation and to use it as a bargaining tool to try to avoid a full merits hearing of your employment tribunal claim. This will not only save you money on legal costs, but if you are using a solicitor, it will spare you a lot of headache and heartache. Few people discover that going to a hearing is a truly joyful experience, and if you can obtain financial redress swiftly, through some form of compromise, the wise thing is to move on.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
