LRD guides and handbook July 2020

Law at work 2020 - the trade union guide to employment law

Chapter 14

Schedule of loss and Statement of Agreed Facts

[ch 14: page 501]

Tribunals will expect to see a Schedule of Losses early in the process. This document sets out the claimant’s losses, their basis and calculation. It can be updated as the claim progresses. It is important always to be accurate when providing information about losses and to avoid inflated or unrealistic claims. A realistic assessment with supporting evidence can help promote a settlement, whereas an inflated claim and a refusal to move from it can have the opposite effect and even lead to an order to pay some of the employer’s legal costs.

Tribunals often also ask for a written statement of agreed facts and issues, so that everyone knows what is agreed and what is left to be decided.