In short
A Schedule of Loss sets out, in precise financial terms, everything you are asking an Employment Tribunal to award. For unfair dismissal it covers the basic award and the compensatory award (loss of earnings, statutory rights, pension and benefits); for discrimination it adds injury to feelings assessed against the Vento bands. Show every calculation line by line, use net figures, account for mitigation, and serve it on the respondent and tribunal well before the final hearing — typically four to eight weeks ahead. eLitigant’s Chris drafts this for you to a court-ready standard for £30 — you check, sign and file.
① Draft it from scratch
Give Chris your dates, pay and losses — he builds a structured Schedule of Loss with each calculation shown in full.
② Check the draft you’ve written
Upload your own schedule and Chris reviews the structure, the net-vs-gross figures, mitigation and your Vento band.
③ You’ve been served — respond
Received a counter-schedule from the respondent? Run it by Chris to see where they challenge your figures and how you stand.
In short: A Schedule of Loss is the document that sets out, in precise financial terms, everything you are asking an Employment Tribunal to award — covering claims such as unfair dismissal, wrongful dismissal and discrimination, and typically including the basic award, the compensatory award (immediate and future loss of earnings, loss of statutory rights, pension loss and other benefits) and, in discrimination claims, injury to feelings assessed against the Vento bands. Tribunals expect it served on the respondent and filed well before the final hearing, with every calculation shown line by line. eLitigant drafts your Schedule of Loss from your own facts — or checks the draft you have written — for £30.
A Schedule of Loss is one of the most important documents you will prepare for an Employment Tribunal claim. It sets out, in precise financial terms, everything you are asking the tribunal to award you. If you are pursuing a claim for unfair dismissal, wrongful dismissal, or discrimination, the tribunal will expect a properly structured schedule before your hearing. Getting it right from the outset can significantly affect how the tribunal views your claim — and how much you ultimately recover.
<
div style=”margin:24px 0;padding:18px;background:#f8f8fc;border-radius:8px;”>
When Do You Need a Schedule of Loss?
You will need a Schedule of Loss in almost every Employment Tribunal claim that involves financial compensation. The most common situations include:
- Unfair dismissal — where you are seeking a basic award, a compensatory award, or both
- Discrimination claims — where you may be claiming injury to feelings, financial loss, and aggravated damages
- Wrongful dismissal — where you are claiming unpaid notice pay or contractual sums
- Whistleblowing detriment or dismissal — where an uncapped compensatory award may apply
- Equal pay — where you are calculating the value of lost pay over the relevant period
The tribunal will typically direct you to serve a Schedule of Loss on the respondent (your employer or former employer) and file a copy with the tribunal well in advance of the final hearing. Directions orders will often specify a deadline — typically four to six weeks before the hearing date.
Even if no formal direction has been given, it is good practice to prepare and serve your schedule as early as possible. It forces clarity in your own thinking, supports settlement negotiations, and demonstrates to the tribunal that you have approached the claim in a proportionate and organised manner.
What a Schedule of Loss Is Used For
The Schedule of Loss performs several functions in tribunal proceedings.
For the tribunal: It allows the judge to understand the full scope of your financial claim before the hearing begins. At a final hearing, the tribunal will work through your schedule item by item when assessing compensation. A clear, well-structured schedule makes the tribunal’s task easier — and that impression matters.
For settlement negotiations: Many claims settle before the hearing. Your schedule is the starting point for any settlement discussion. Respondents and their legal representatives will scrutinise it closely. A credible, evidence-based schedule carries greater weight than one that appears inflated or poorly reasoned.
For case management: If your schedule reveals that your financial losses are modest, the tribunal may consider whether the claim is proportionate to continue to a multi-day final hearing. Conversely, a complex or high-value schedule may justify additional case management steps.
For you: Drafting the schedule disciplines your thinking. It forces you to identify which losses are recoverable, gather supporting evidence, and confront any weaknesses in your quantification.
How to Draft Your Schedule of Loss: Step by Step
Preparing a Schedule of Loss requires careful calculation and supporting evidence. Work through each element methodically.
1. Set Out Your Personal and Employment Details
Begin with a short header section. Include your full name, the respondent’s name, the tribunal case number, your employment start date, and — if you have been dismissed — your effective date of termination. This contextual information is essential to the calculations that follow.
2. Calculate the Basic Award (Unfair Dismissal Only)
The basic award applies to unfair dismissal claims. It is calculated using the same statutory formula as a redundancy payment:
- Identify your age bracket at the date of dismissal
- Multiply your complete years of continuous service (up to a maximum of 20) by the appropriate multiplier: half a week’s pay for service under age 22; one week’s pay for service aged 22 to 40; one and a half week’s pay for service aged 41 and over
- Apply the statutory weekly pay cap, which for the 2025/26 tax year is £643
Set out the calculation in full, line by line. For example: “8 complete years of service × 1 week’s pay × £643 = £5,144.” Do not simply state a figure — show your workings.
Note that the basic award can be reduced if the tribunal finds that you contributed to your dismissal, or if you unreasonably refused an offer of reinstatement.
3. Calculate the Compensatory Award (Unfair Dismissal Only)
The compensatory award is intended to compensate you for your actual financial loss as a result of the unfair dismissal. It is subject to a statutory cap (the lower of one year’s gross pay or the prescribed limit, currently £115,115 for dismissals on or after 6 April 2025). The cap does not apply to certain whistleblowing or health and safety dismissals.
Your compensatory award will typically include:
<
ul>
4. Calculate Injury to Feelings (Discrimination Claims)
Where you are claiming for discrimination, harassment, or victimisation, you may be entitled to an award for injury to feelings. These awards are assessed by reference to the Vento bands, which are updated annually by Presidential Guidance.
The current Vento bands (from 6 April 2025) are:
- Lower band: £1,200 to £11,700 — for less serious one-off acts or relatively minor cases
- Middle band: £11,700 to £35,200 — for serious cases that do not merit the upper band
- Upper band: £35,200 to £58,700 — for the most serious cases, such as a sustained campaign of discrimination or harassment. Exceptional cases may exceed the upper band.
In your schedule, identify which band you say applies and provide a brief explanation of why. The tribunal will assess this independently, but setting out your position clearly demonstrates that your claim is grounded in the correct legal framework.
You may also claim aggravated damages if the respondent’s conduct has been high-handed, malicious, or oppressive. These are awarded in addition to the injury to feelings award.
5. Summarise the Total Claim
Conclude with a clear summary table that totals each element of your claim. Label each item, state whether it is a net or gross figure, and give a total. If any element is subject to the statutory cap, note this explicitly.
6. State Your Continuing Loss Position
If you remain out of work at the time of drafting the schedule, state that losses are ongoing and that an updated schedule will be provided before the hearing. Most tribunals expect an updated schedule to be served shortly before the final hearing to reflect your position at that time.
Key Deadlines
The tribunal’s case management directions will typically set a specific deadline for serving your Schedule of Loss. The most common direction requires service at least four weeks before the final hearing, with the respondent given two weeks to respond.
If no direction has been given, you should serve your schedule at least eight weeks before the final hearing as a matter of good practice. Serving it late — even by a few days — can lead to applications for costs against you and may cause the hearing to be postponed.
If your losses change materially (for example, you find new employment or your job search extends longer than expected), you must update your schedule and serve an amended version promptly. Do not wait until the day of the hearing to reveal a significant change in your financial position.
What Happens After You Submit Your Schedule?
Once you serve your Schedule of Loss, the respondent will typically review it in detail. They may:
- Accept the figures — this is rare but does occur in straightforward cases
- Challenge specific items — for example, they may dispute the length of your future loss period or argue that you have failed to mitigate your loss by applying for work
- Serve a counter-schedule — setting out their own assessment of what they consider each element to be worth
- Use the schedule in settlement negotiations — your schedule anchors the financial discussion
At the final hearing, the tribunal will assess compensation based on the evidence you provide. The schedule is a guide, not a binding document — the tribunal may award more or less than the figures you have set out, depending on the evidence it accepts. However, a well-prepared schedule that is consistent with the evidence tends to carry significant weight.
Common Mistakes
1. Failing to show workings
Stating a total figure without setting out how you reached it is one of the most common errors. The tribunal needs to see each step of the calculation.
2. Claiming gross pay instead of net pay
The compensatory award is based on your net loss — that is, what you actually received after tax and National Insurance. Using gross figures will overstate your loss and undermine the credibility of your schedule.
3. Failing to account for mitigation
You are under a duty to mitigate your loss by taking reasonable steps to find new employment. If you have made no attempt to find work, the tribunal may reduce your award significantly. Address this in your schedule and retain evidence of your job search activity.
4. Not updating the schedule before the hearing
If you found employment six months ago but your schedule still claims ongoing loss, the discrepancy will be immediately apparent to the tribunal. Always serve an updated schedule before the final hearing.
5. Applying the wrong Vento band
Placing a discrimination claim in the upper Vento band when the facts support the lower band — or vice versa — signals to the tribunal that you have not engaged carefully with the legal framework. Be honest in your assessment.
6. Omitting pension loss entirely
Pension loss is a frequently overlooked element of the compensatory award, particularly where the respondent made meaningful employer contributions. Even a modest pension contribution over several years can amount to a significant sum.
Do I have to serve a Schedule of Loss if no direction has been made?
A: Strictly speaking, a Schedule of Loss is only mandatory if the tribunal has directed you to provide one. However, it is strongly advisable to prepare and serve one in any claim involving financial compensation, even without a direction. Tribunals expect to see a schedule at the final hearing, and arriving without one will damage the presentation of your case.
Q: What is the difference between a basic award and a compensatory award?
A: The basic award is a statutory entitlement calculated by a fixed formula based on your age, length of service, and weekly pay. It is only available in unfair dismissal claims. The compensatory award is designed to compensate you for your actual financial loss resulting from the dismissal — it is based on evidence and is subject to a statutory cap. Both can be awarded in the same unfair dismissal claim.
Q: Which Vento band applies to my discrimination claim?
A: The appropriate Vento band depends on the nature and severity of the discriminatory treatment you suffered. The lower band applies to less serious, isolated acts; the middle band covers serious cases; and the upper band is reserved for the most severe cases, such as a prolonged campaign of harassment. You should assess your claim honestly against these descriptions and select the band that most closely reflects the impact of the conduct on you.
Q: Can I claim for injury to feelings in an unfair dismissal case?
A: Not as a standalone head of loss in a straightforward unfair dismissal claim. Injury to feelings awards are available where you are claiming discrimination, harassment, or victimisation under the Equality Act 2010, or in whistleblowing cases. If your dismissal also constitutes unlawful discrimination — for example, dismissal connected to a protected characteristic — then you may bring both unfair dismissal and discrimination claims and include injury to feelings in the discrimination element.
Q: What evidence do I need to support my Schedule of Loss?
A: You will typically need payslips covering the final weeks or months of your employment (to establish your net weekly pay), evidence of any benefits you have lost, records of your job search activity and any earnings from new employment, and pension statements or contribution records if you are claiming pension loss. For injury to feelings, a personal statement setting out the impact of the discriminatory treatment on your health, wellbeing, and daily life will support your Vento band assessment.
Related Court Forms & Guides
- Form N260: Statement of Costs — the costs schedule used at summary assessment.
- Form N244: Application Notice — the form for interim applications.
- Start a Money Claim Online (OCMC) — where most civil money claims begin.
- Particulars of Claim — setting out the basis of your claim.
- Civil Court Forms Index — every civil court form guide in one place.
Frequently asked questions
Do I have to serve a Schedule of Loss if no direction has been made?
Strictly, a Schedule of Loss is only mandatory where the tribunal has directed you to provide one. However, it is strongly advisable to prepare and serve one in any claim involving financial compensation, even without a direction — tribunals expect to see a schedule at the final hearing, and arriving without one will damage the presentation of your case.
What is the difference between a basic award and a compensatory award?
The basic award is a statutory entitlement calculated by a fixed formula based on your age, length of continuous service and weekly pay, and is only available in unfair dismissal claims. The compensatory award is designed to compensate you for your actual financial loss resulting from the dismissal — it is based on evidence and is subject to a statutory cap. Both can be awarded in the same unfair dismissal claim.
Which Vento band applies to my discrimination claim?
The appropriate band depends on the nature and severity of the treatment. The lower band applies to less serious, isolated acts; the middle band covers serious cases that do not merit the upper band; and the upper band is reserved for the most severe cases, such as a prolonged campaign of harassment. You should assess your claim honestly against these descriptions and identify the band that most closely reflects the impact on you.
Can I claim for injury to feelings in an unfair dismissal case?
Not as a standalone head of loss in a straightforward unfair dismissal claim. Injury to feelings awards are available where you are claiming discrimination, harassment or victimisation under the Equality Act 2010, or in whistleblowing cases. If your dismissal also constitutes unlawful discrimination, you may bring both claims and include injury to feelings in the discrimination element.
What evidence do I need to support my Schedule of Loss?
You will typically need payslips covering the final weeks or months of your employment to establish your net weekly pay, evidence of any benefits you have lost, records of your job search activity and any earnings from new employment, and pension statements or contribution records if you are claiming pension loss. For injury to feelings, a personal statement setting out the impact of the treatment will support your Vento band assessment.
What happens after I serve my schedule?
The respondent will typically review it in detail — they may accept the figures, challenge specific items such as your future loss period or mitigation, serve a counter-schedule with their own assessment, or use it to anchor settlement negotiations. At the final hearing the tribunal assesses compensation on the evidence; the schedule is a guide, not a binding document, but a well-prepared one consistent with the evidence carries significant weight.
Build your Schedule of Loss with the workings shown
Draft my Schedule of Loss — £30 →
One day · one matter · unlimited drafts · no subscription · you remain the litigant in person.
Related guides: Form N260: Statement of Costs · Form N244: Application Notice · Particulars of Claim · All civil court forms