How to Instruct an Employment Loss Expert Witness

For PI Solicitors

1. Identify loss type (future loss vs Smith v Manchester)
2. Decide: vocational expert + forensic accountant, or forensic accountant alone?
3. Obtain medical evidence on functional capacity first
4. Provide earnings history (5 years tax returns / P60s)
5. Letter of instruction with specific questions

See our Smith v Manchester guide and Ogden Tables guide.

For ET Solicitors

1. Identify ERA 2025 impact (dismissal date after Jan 2027?)
2. Build Schedule of Loss with expert support
3. Address Polkey and mitigation
4. Provide employment history and earnings evidence

Read the ET Schedule of Loss guide and ERA 2025 expert evidence guide.

For Family Solicitors

1. Identify whether court permission needed (FPR Part 25)
2. Career gap or earning capacity in dispute?
3. Consider SJE appointment for both parties

See our family law employment reports guide.

Matching Timeline

1. Submit case details via our contact form
2. Initial review within 1 business day
3. Expert profile and availability provided
4. Conflict check completed
5. Letter of instruction agreed
6. Expert accepts instruction
7. Report delivered to agreed deadline

Red Flags When Selecting an Expert

• Cannot explain the applicable calculation methodology for your case type
• No ERA 2025 awareness for ET instructions
• Unwilling to comply with CPR Part 35 or FPR Part 25 requirements
• No professional indemnity insurance