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Topic: Termination

schedule of loss checklist
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Schedule of loss checklist

Schedule of loss checklist

This checklist covers information to assist in preparing a schedule of loss, principally for unfair dismissal cases, although some aspects are relevant to discrimination claims. Employment tribunals frequently ask claimants to prepare a schedule of loss to assist with assessing compensation.

Time well spent

Spending time preparing this information will also be of use in assessing the amount of any settlement offer to be made, and whether to accept such an offer.

 

Unfair dismissal awards

If the tribunal finds that an employee has been unfairly dismissed and makes a compensation order, it must make a basic award.  If the dismissal was for certain inadmissible reasons, such as for certain trade union reasons, there is a specified minimum basic award. 

With regard to a compensatory award, the purpose is to put the employee, as far as possible, in the position which they would otherwise have been in had they not been unfairly dismissed. It is not intended to punish the employer (i.e. the compensation awarded does not increase according to the degree of unfairness). There is, therefore, no award of punitive or exemplary damages and the manner of the dismissal will not of itself attract compensation (i.e. there is no award for injury to feelings for unfair dismissal).  The compensatory award is also subject to a statutory maximum, which is applied once all other deductions and reductions have been made, although there is no maximum for certain types of automatically unfair dismissal, for example dismissals for “whistleblowing” or health and safety reasons.

 

Discrimination awards

The principal differences between compensation for discrimination and compensation for unfair dismissal are that in discrimination cases, compensation may be awarded for injury to feelings, and there is no upper limit on the amount of compensation which may be awarded.  In certain circumstances, aggravated damages may also be awarded.  Discrimination awards therefore have the potential of being much higher than unfair dismissal awards.

 

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