Schedule of Loss — Employment Tribunal Covering Letter

Legal Basis

Employment Rights Act 1996 ss.118–126 (basic award and compensatory award); Employment Tribunals Act 1996 s.12; Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 (injury to feelings bands); Polkey v AE Dayton Services Ltd [1987] UKHL 8 (Polkey reduction); Chagger v Abbey National plc [2010] ICR 397 (future loss).

• ✗Not keeping weekly net pay calculations consistent — use the same gross-to-net conversion throughout
• ✗Forgetting to include the statutory cap on the compensatory award (currently £123,543 or 52 weeks' gross pay, whichever is lower)
• ✗Omitting mitigation steps — the tribunal will reduce the award if you have not taken reasonable steps to find new employment
• ✗Claiming Vento injury to feelings damages in an unfair dismissal case where discrimination has not been pleaded
• ✗Not updating the Schedule of Loss as time passes before the hearing — losses change as the claimant finds new work

Build Your Letter

[YOUR FULL NAME]
[YOUR ADDRESS]
[YOUR EMAIL ADDRESS]

[DATE OF LETTER]

Employment Tribunal Service
[TRIBUNAL OFFICE NAME]
[TRIBUNAL ADDRESS]

*Copy to: [RESPONDENT'S SOLICITOR / REPRESENTATIVE (FOR COPY)]*

---

Dear Sir or Madam,

**Re: [YOUR FULL NAME (CLAIMANT)] v [RESPONDENT'S NAME] — Case Number [ET CASE NUMBER]**
**SERVICE OF SCHEDULE OF LOSS**

I write as the Claimant in these proceedings. Pursuant to the Case Management Order dated [DATE OF CASE MANAGEMENT ORDER (IF APPLICABLE)] / in advance of the hearing listed on [HEARING DATE (OR EXPECTED HEARING DATE)], I enclose / attach the Claimant's Schedule of Loss.

**Summary of Claim**

The Claimant's Schedule sets out the following heads of loss:

1. **Basic Award**
   Weekly gross pay: £[WEEKLY GROSS PAY (£)]
   Statutory weeks: [NUMBER OF STATUTORY WEEKS FOR BASIC AWARD]
   Basic award (before any reduction): £[BASIC AWARD TOTAL (£)]

2. **Compensatory Award — Past Loss of Earnings**
   Period from EDT ([EFFECTIVE DATE OF TERMINATION]) to expected hearing date ([HEARING DATE (OR EXPECTED HEARING DATE)]): [WEEKS OF PAST LOSS] weeks
   Net weekly loss: £[NET WEEKLY LOSS (£)]
   Past loss of earnings: £[TOTAL PAST LOSS OF EARNINGS (£)]

3. **Compensatory Award — Future Loss of Earnings**
   [DESCRIPTION OF FUTURE LOSS]
   Future loss (estimated): £[TOTAL FUTURE LOSS (£)]

4. **Loss of Statutory Rights:** £[LOSS OF STATUTORY RIGHTS (£, TYPICALLY £350–500)]

5. **Notice Pay (if not already paid):** £[UNPAID NOTICE PAY (£, IF APPLICABLE)]

6. **Loss of Pension Contributions:** £[LOSS OF PENSION CONTRIBUTIONS (£)]

7. **Other Losses:** [OTHER LOSSES DESCRIPTION] — £[OTHER LOSSES TOTAL (£)]

8. **Acas Code Uplift (if applicable, up to 25%):** To be assessed by the Tribunal.

**Total Claimed: £[GRAND TOTAL CLAIMED (£)]**

*(Subject to the statutory cap on compensatory awards of £123,543 or 52 weeks' gross pay, whichever is lower.)*

**Mitigation**

The Claimant has taken the following steps to mitigate her/his/their loss: [STEPS TAKEN TO MITIGATE LOSS].

The Claimant requests that the Tribunal consider the full Schedule of Loss and any supporting documents provided. We remain open to discussing quantum at any stage.

Yours faithfully,

[YOUR FULL NAME]

*Enc: Schedule of Loss; payslips; employment contract; mitigation evidence*

Related Rights

• Employment Rights

Frequently asked questions

When do I need to send a covering letter with my Schedule of Loss?

You should use this template when filing a Schedule of Loss in your employment tribunal case, typically at the case management stage or as directed by a Tribunal Judge. The letter accompanies the Schedule itself, which you complete separately with specific figures. It sets out your financial compensation claims so the respondent and tribunal can understand and respond to your losses.

What financial losses should I list in the covering letter?

The letter should list standard heads of loss for unfair dismissal, including the basic award, past and future loss of earnings, loss of statutory rights, unpaid notice pay, loss of pension contributions, and other losses. It may also mention an Acas Code uplift. For discrimination claims, additional heads of loss apply. The total claim is subject to the statutory cap on compensatory awards.

Why is it important to mention mitigation steps in the letter?

You must include details of the steps you have taken to mitigate your loss, such as applying for jobs or registering with recruitment agencies. The tribunal will reduce the award if you have not taken reasonable steps to find new employment. Failing to document these mitigation steps is a common error that can negatively impact your claim.

Are there limits on how much I can claim for compensation?

The compensatory award is subject to a statutory cap, currently £123,543 or 52 weeks' gross pay, whichever is lower. You should not claim Vento injury to feelings damages in an unfair dismissal case unless discrimination has been pleaded. Additionally, ensure your weekly net pay calculations are consistent throughout the schedule to maintain credibility.

Do I need to update my Schedule of Loss before the hearing?

You should update the Schedule of Loss as time passes before the hearing because your losses may change, for example if you find new work. Inaccurate schedules can harm your credibility. If your case involves complex pension loss calculations, particularly for final salary schemes, you should obtain an actuarial assessment before finalising your figures.