Hard and soft numbers

An important part of case preparation is drawing up a schedule of loss. This is a list of the money that you are claiming from your employer.

A schedule should be complete and optimistic, without being silly. It should include everything that, if things go very well indeed, the tribunal might award.

This means that most schedules ask for an amount much higher than you are actually likely to get.

Beyond the past and future (loss)

Schedules of loss normally divide the compensatory award for unfair dismissal into past loss (loss up to the hearing) and future loss (loss that will happen after the hearing). A very similar approach is also taken to equivalent loss in other types of cases

This is a sensible system, because the tribunal will have to think about these things differently. Past loss is about what has actually happened. The tribunal will focus on making findings of fact about the claimant’s earnings post-dismissal and his efforts to mitigate. Future loss, however, is about predicting what will happen next.

There is no rule, however, that these are the only two categories that you can use.