Updated Schedule of Loss (Employment Tribunal)
Formal updated schedule of loss for an employment tribunal claim, recalculating past and future loss, mitigation, and any Vento band injury-to-feelings award.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
Use this document to update your schedule of loss before a final hearing, once the exact hearing date is known and the claimant's mitigation position has evolved. An updated schedule should be served on the respondent and the tribunal at least 7 days before the final hearing (or as directed by the tribunal).
When NOT to use this template
Do not use as a first schedule of loss — prepare the initial schedule at the start of proceedings and update it here. Do not use if you are preparing a Polkey/contributory fault schedule for a remedy hearing — additional tables may be needed. Do not use without seeking specialist legal advice if the claim involves complex pension loss calculations.
Legal Basis
Employment Tribunals Rules of Procedure 2013 (Schedule to ET Rules — schedule of loss requirements); Employment Rights Act 1996 ss.112–124 (unfair dismissal remedies including basic award and compensatory award); Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (injury to feelings bands, updated by Presidential Guidance). The compensatory award is subject to the statutory cap (currently reviewed annually by statutory instrument).
Before you send
- Not updating the schedule to reflect new mitigation earnings — tribunals expect ongoing updates as the claimant's employment position changes
- Forgetting the statutory cap on the compensatory award — even a large loss calculation may be capped
- Presenting loss of future earnings as a simple multiplication without addressing the chance of finding comparable work
Common Mistakes to Avoid
- ✗Not updating the schedule to reflect new mitigation earnings — tribunals expect ongoing updates as the claimant's employment position changes
- ✗Forgetting the statutory cap on the compensatory award — even a large loss calculation may be capped
- ✗Presenting loss of future earnings as a simple multiplication without addressing the chance of finding comparable work
- ✗Omitting a Vento band claim for injury to feelings in discrimination claims — it must be specifically pleaded and quantified
- ✗Failing to deduct any sums already received (e.g. ex gratia payments, PILON, notice pay) from the loss figures
Build Your Letter
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Letter preview
**IN THE EMPLOYMENT TRIBUNAL** **Case Number: [ET CASE NUMBER]** **[CLAIMANT'S FULL NAME]** (Claimant) v **[RESPONDENT'S FULL NAME]** (Respondent) --- # UPDATED SCHEDULE OF LOSS **Date of Schedule: [DATE OF UPDATED SCHEDULE]** **Hearing Date: [FINAL HEARING DATE]** **Prepared by: [PREPARED BY (NAME / FIRM)]** --- ## 1. Basic Award (Unfair Dismissal) | Item | Calculation | Amount | |------|-------------|--------| | Completed years of service | [COMPLETED YEARS OF SERVICE] years | | | Weekly gross pay (capped at statutory maximum: £[CURRENT WEEKLY PAY STATUTORY CAP (£)]) | £[ACTUAL WEEKLY GROSS PAY (£) — CAPPED IF OVER LIMIT] | | | Multiplier (based on age bands per ERA 1996 s.119) | [STATUTORY MULTIPLIER (E.G. 1.5 IF AGED 41+)] | | | **Basic Award** | | **£[BASIC AWARD TOTAL (£)]** | ## 2. Past Loss of Earnings | Period | Calculation | Amount | |--------|-------------|--------| | Effective Date of Termination (EDT) | [EFFECTIVE DATE OF TERMINATION] | | | Date of updated schedule | [DATE OF UPDATED SCHEDULE] | | | Period of past loss | [NUMBER OF WEEKS OF PAST LOSS] weeks | | | Net weekly loss (previous net pay less mitigation) | £[NET WEEKLY LOSS (£)] | | | **Total Past Loss** | | **£[TOTAL PAST LOSS (£)]** | *Mitigation: [DETAILS OF MITIGATION (INCOME EARNED SINCE DISMISSAL)]* ## 3. Future Loss of Earnings | Item | Calculation | Amount | |------|-------------|--------| | Estimated period to secure comparable employment | [ESTIMATED WEEKS OF FUTURE LOSS] weeks | | | Net weekly loss | £[NET WEEKLY LOSS (£)] | | | **Total Future Loss** | | **£[TOTAL FUTURE LOSS (£)]** | ## 4. Loss of Statutory Rights | Item | Amount | |------|--------| | Loss of unfair dismissal protection (new employment) | £[LOSS OF STATUTORY RIGHTS (£) — USUALLY £350–£500] | ## 5. Injury to Feelings (Discrimination Claims Only) | Band | Range | Claimed | |------|-------|---------| | [VENTO BAND (LOWER / MIDDLE / UPPER)] (Presidential Guidance [YEAR OF PRESIDENTIAL GUIDANCE USED]) | [VENTO BAND RANGE (£)] | **£[INJURY TO FEELINGS AMOUNT CLAIMED (£)]** | *Basis: [BASIS FOR INJURY TO FEELINGS CLAIM]* ## 6. Summary | Head of Loss | Amount | |-------------|--------| | Basic Award | £[BASIC AWARD TOTAL (£)] | | Past Loss of Earnings | £[TOTAL PAST LOSS (£)] | | Future Loss of Earnings | £[TOTAL FUTURE LOSS (£)] | | Loss of Statutory Rights | £[LOSS OF STATUTORY RIGHTS (£) — USUALLY £350–£500] | | Injury to Feelings | £[INJURY TO FEELINGS AMOUNT CLAIMED (£)] | | **Total** | **£[GROSS CLAIM TOTAL BEFORE DEDUCTIONS (£)]** | | Less: amounts already received | (£[AMOUNTS ALREADY RECEIVED FROM RESPONDENT (£)]) | | **Net Claim** | **£[NET CLAIM TOTAL (£)]** | *Note: The compensatory award is subject to the statutory cap of £[CURRENT STATUTORY CAP ON COMPENSATORY AWARD (£)] (Employment Rights Act 1996 s.124, as amended).* --- [PREPARED BY (NAME / FIRM)] [DATE OF UPDATED SCHEDULE]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.