Schedule of loss, statement of agreed facts and chronology

ETs will expect to see a Schedule of Loss 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.

ETs often also require a written statement of agreed facts and Issues in date order, so that everyone knows what is agreed and what is left to be decided. This is especially important during the pandemic emergency to help the remote hearing run as smoothly as possible (see the box on page 511).

In most cases, the ET also expects a chronology. This is a list of the most important things that happened, in date order. The order of events can be important to what inferences the ET is able to draw, especially in cases of discrimination, trade union detriment or whistleblowing.