What a Schedule of Loss Contains
A Schedule of Loss sets out all financial heads of claim in an ET case: basic award, compensatory award (immediate loss, future loss, pension loss, loss of statutory rights), and injury to feelings in discrimination claims. It is the central document for quantifying remedy and supports both tribunal determination and settlement negotiations.
Each Head of Loss Explained
The basic award is calculated as age multiplied by years of service multiplied by weekly pay (capped at £719 per week). Immediate compensatory loss covers net weekly loss from dismissal to new employment or hearing. Future loss covers the period to find comparable work. Pension loss uses contribution or actuarial methods. Loss of statutory rights is conventionally £500.
Polkey and Mitigation
Polkey reductions and mitigation credits must be clearly addressed in the Schedule. The expert documents the claimant's job search efforts, comparable roles applied for, and any unreasonable refusal of suitable employment. For Polkey, the employer's evidence on likely dismissal outcome should be modelled against the gross compensatory award.
ERA 2025 Implications
For dismissals after 1 January 2027, Schedules must be prepared on an uncapped basis with full future loss quantification. Senior employee claims may involve multi-year future loss periods, pension loss on defined benefit schemes, and LTIP forfeiture. Expert-prepared Schedules carry significantly more weight in uncapped proceedings.
Expert Report Structure
A compliant expert report under CPR Part 35 principles (applied in ET practice) includes the expert's qualifications, instructions received, documents relied upon, methodology, calculations, and a statement of truth. The report should address specific questions in the letter of instruction and distinguish facts from opinion.