Key Takeaways
- An ACAS schedule of loss for discrimination sets out each type of compensation you seek in an employment tribunal claim, including injury to feelings and lost earnings.
- Completing your discrimination schedule of loss with accuracy is vital: mistakes or omissions can greatly reduce what you recover.
- Every claimed loss—such as injury to feelings—must be properly explained and supported with up-to-date Vento bands and real evidence.
- Clearly explaining your calculations for past and future loss, and attaching relevant documents, significantly strengthens your claim in the eyes of the tribunal.
- Failing to include key losses or misusing the Vento bands allows your employer to challenge your claim, often resulting in reduced awards.
- Using a professionally drafted template helps avoid common pitfalls, including overlooking grossing up for tax or omitting aggravated damages and personal injury claims.
- Go-Legal AI is rated Excellent on Trustpilot with 170+ five-star reviews.
- Go-Legal AI’s step-by-step template ensures your ACAS discrimination schedule of loss is simple, affordable, and in line with employment tribunal expectations.
- Relying on expertly drafted documents protects your rights, lowers the risk of rejection, and makes dealing with ACAS or the tribunal easier.
How Do You Prepare an ACAS Schedule of Loss for Discrimination Claims?
Confused about what to include in your ACAS schedule of loss for a discrimination claim? Many individuals and small businesses struggle with the process, especially around calculating injury to feelings compensation and correctly applying the Vento bands. One missed loss or calculation error could dramatically limit your final award from an employment tribunal.
Below, we break down the ACAS schedule of loss for discrimination claims in plain English. Learn what each section means, which losses to claim, exactly how to support your calculations with evidence, and how to apply up-to-date tribunal requirements. With our practical schedule of loss template for discrimination claims, you can avoid the errors that trip up so many first-time claimants.
Go-Legal AI provides straightforward digital tools and templates, saving you time and ensuring your claim meets every legal standard required by ACAS and the Employment Tribunal.
What Is an ACAS Schedule of Loss in Discrimination Claims?
An ACAS schedule of loss in discrimination claims is a formal document where you detail every financial and non-financial loss you want the Employment Tribunal to consider. In discrimination cases, this covers not just lost earnings but also compensation for the emotional impact—the ‘injury to feelings’—and sometimes other losses linked to unlawful discrimination under the Equality Act 2010.
You typically prepare your schedule after submitting your ACAS Early Conciliation claim or directly to the Employment Tribunal, and during negotiations.
Why Is a Schedule of Loss Critical for Employment Tribunal Discrimination Cases?
A robust schedule of loss does more than state your desired compensation; it frames your entire claim and maximises your negotiating power.
- It clarifies your compensation demand for your employer and the tribunal.
- It provides a logical case structure, making your evidence and losses easy to follow.
- It enables meaningful settlement conversations.
- It demonstrates that you take your claim seriously, which courts and ACAS expect.
Without a clear, properly itemised schedule, you risk your claim being undervalued—even if you succeed on liability.
What Types of Compensation Can You Claim for Discrimination?
When preparing your ACAS schedule of loss for discrimination, you can claim a broad set of financial and non-financial losses:
- Lost Earnings: Salary missed due to discriminatory treatment or dismissal.
- Benefits: Value of lost perks such as company cars or health insurance.
- Future Losses: Projected missed income if you cannot find equal work.
- Pension Losses: Both employer and employee contributions missed.
- Injury to Feelings: Compensation for the emotional impact, using the Vento bands.
- Personal Injury: For physical or psychological harm directly caused by the discrimination.
- Aggravated Damages: Extra damages in particularly malicious or insensitive cases.
- Interest: Statutory interest on proven sums (usually 8%).
| Compensation Type | What It Covers | Typical Amounts (2023/24) |
|---|---|---|
| Lost Earnings | Salary/income missed | £5,000–£40,000+ |
| Injury to Feelings | Emotional distress (Vento bands) | £1,100–£56,200+ |
| Pension Loss | Missed pension contributions | £1,000–£20,000+ |
| Benefits | Lost perks, car, or health insurance | £500–£10,000+ |
| Aggravated Damages | Additional for severe misconduct | £0–£10,000+ (rare) |
| Interest | Compensation for delay in payment | Variable |
ACAS Schedule of Loss Discrimination: Step-by-Step Guide
Follow these practical steps for preparing your ACAS schedule of loss for discrimination:
- Itemise Every Loss
- Break down lost earnings, lost benefits, injury to feelings, and any other compensation separately.
- Set Out Facts and Calculations Clearly
- For each head of loss, describe relevant dates, events, and your method for reaching each amount.
- Collect and Reference Supporting Evidence
- Link each claim to concrete proof: payslips, contracts, medical notes, emails, and so on.
- Calculate Injury to Feelings
- Use current Vento bands for your injury to feelings claim (see below for details).
- Add All Amounts and Apply Interest
- Summarise the total, showing interest if appropriate.
- Format for Tribunal Use
- Use clear headings, state claimant and respondent names, and paginate pages. Stick to plain, comprehensible language.
- Six months’ lost pay (£17,000)
- Missed pension (£2,400)
- Lost car allowance (£1,000)
- Injury to feelings (£14,000 – middle Vento band, based on repeated racial remarks)
- Interest (8% on total proven sums)
His schedule of loss included evidence for each element and a narrative explaining why he selected a middle Vento band.
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Key Clauses and Evidence to Include in Your Discrimination Schedule of Loss
Be sure your schedule of loss includes these critical components:
| Clause/Component | What It Does | Why It Matters |
|---|---|---|
| Loss of Earnings | Details lost salary and unpaid wages | Ensures actual financial impact is compensated |
| Future Loss of Earnings | Accounts for ongoing difficulty finding new work | Covers losses beyond dismissal or resignation |
| Loss of Benefits | Lists lost extras (company car, health cover, bonuses) | Captures full value of your employment package |
| Pension Loss | Specifies missed employer/employee contributions | Prevents losing retirement benefits |
| Injury to Feelings | Quantifies distress (with Vento bands) | Recognises emotional/psychological impact |
| Aggravated Damages | Penalises egregious employer conduct | Deters future unlawful behaviour |
| Interest | Adds statutory interest (8% unless otherwise specified) | Compensates for the delay in your compensation |
| Evidence Reference | Links every claim to real documents | Validates your losses as factual and reasonable |
How Do You Calculate Injury to Feelings Compensation and Vento Bands?
“Injury to feelings” is a unique aspect of discrimination claims. The tribunal uses Vento bands as set guidelines to keep awards fair and consistent.
2023/24 Vento Bands
- Lower Band: £1,100 – £11,200 (less serious, one-off incidents)
- Middle Band: £11,200 – £33,700 (more serious, repeated or significant impact)
- Upper Band: £33,700 – £56,200+ (the most serious, prolonged or damaging cases)
When claiming, consider:
- How long and how severe was the discrimination?
- What impact did it have on your wellbeing, career, or health?
- Is there similar tribunal case law (or awards) that support your figure?
Essential Checklist: Evidence You Need for a Discrimination Schedule of Loss
Every item claimed in your ACAS schedule of loss for discrimination must be supported with appropriate documentation.
Evidence Checklist
- Payslips showing normal pay and any lost bonuses.
- Bank statements to demonstrate pay loss or changes.
- Your employment contract (to prove pay, bonus, and benefits).
- Copies of emails, texts, chat messages, or internal memos regarding discrimination.
- Medical or counselling evidence for psychological injury.
- Evidence of ongoing job search/failure to secure new work (for future loss).
- Witness statements, where practical.
How to Submit Your Schedule of Loss to ACAS or the Employment Tribunal
- Disclosure During Early Conciliation:
Provide your schedule to ACAS (often by email) if required during settlement talks. - Employment Tribunal Process:
Once the employer files their defence, you will usually be ordered to submit your schedule to both the tribunal and the employer’s legal team. - Proper Formatting and Detail:
Your document should be clear, paginated, show all names, the tribunal case number, and consistent formatting. - Submit by Direction Deadlines:
Always check the tribunal’s directions for specific deadlines. Submit as soon as possible to avoid procedural issues.
Common Mistakes When Completing a Discrimination Schedule of Loss
Many claimants unknowingly undermine their case with simple errors. Watch out for:
- Missing Losses: Omitting claims for things like pension or benefits can reduce your compensation.
- Lack of Evidence: Numbers unsupported by payslips or reports often get refused or slashed.
- Wrong Vento Band Selection: Overstating injury to feelings without the right evidence harms credibility.
- Unexplained Calculations: Failing to show how you arrived at your figures leads to tribunal rejection.
- Poor Formatting: Vague, messy, or disorganised schedules slow progress and may be ignored.
Schedule of Loss for Discrimination vs. Unfair Dismissal: What’s the Difference?
Understanding the division between discrimination and unfair dismissal schedules is key.
| Discrimination Schedule of Loss | Unfair Dismissal Schedule of Loss | |
|---|---|---|
| Emotional Harm | Yes: injury to feelings (Vento) | No: not available |
| Compensation Ceiling | Unlimited | Statutory cap on compensation |
| Special Damages | Aggravated/personal injury | Rare; usually only financial losses |
| Basis | Breach of Equality Act 2010 | Breach of Employment Rights Act 1996 |
How Our Go-Legal AI Tool Simplifies Schedule of Loss Preparation
Our ACAS schedule of loss discrimination template, designed for England & Wales, guides you through the process step by step:
- Guided Completion: Easy questions ensure no loss is left out.
- Accurate Calculations: Our tool automatically applies Vento bands and totals your claim.
- Live Clause Support: Explanations under every claim and relevant legal guidance.
- Evidence Prompts: Reminders to upload or reference documentation for each head of loss.
- Real-Time Checks: Automated quality control for calculation and evidence errors.
- Always Up to Date: Each template is maintained by expert employment lawyers and reflects current tribunal standards.
Frequently Asked Questions
What is an ACAS schedule of loss in discrimination claims?
An ACAS schedule of loss lists every compensation type (financial and emotional) you are claiming—essential for tribunal cases and settlement talks.
Is a specific template required for discrimination claims?
There’s no official format, but using a specialist, lawyer-approved template ensures you comply with tribunal expectations and cover all losses. Our template is step-by-step and purpose-built.
How do I calculate “injury to feelings” in a discrimination claim?
Choose your figure based on the seriousness of the discrimination and apply the Vento bands. Clearly explain your reasoning and attach supporting evidence.
What evidence supports a discrimination schedule of loss?
Examples include payslips, contracts, benefit breakdowns, medical and counselling reports, evidence of the discrimination, and proof of ongoing losses.
Can I update my schedule later?
Yes. If your losses increase or you gather more evidence, you can amend your schedule of loss. Always send the update to the tribunal and the employer.
What if I submit the schedule with errors?
You can correct or resubmit, but submitting the best possible version first protects your claim. Our review function helps you avoid costly errors early.
How do your Go-Legal AI solutions help with discrimination schedules of loss?
Our digital template walks you through every section with built-in guidance, calculates figures, and checks for missing losses or evidence—saving you time and reducing stress.
Prepare Your ACAS Schedule of Loss for Discrimination Claims With Confidence
Getting your ACAS schedule of loss right is essential if you want to recover every penny you are entitled to after discrimination. You now know the types of compensation available, how to calculate and support them, and which evidence is critical for tribunal success. Generic templates or rushed submissions can mean missed losses or weaker negotiations—putting your rightful compensation at risk.
Our AI-powered schedule of loss tool makes the process faster, simpler, and more accurate. It guides you step by step, flags missing information, and ensures your figures and explanations stand up to scrutiny. Ready to claim what you truly deserve? Build your discrimination schedule of loss with our guided, expert-approved template and secure your best chance of success.
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Create documents, follow step-by-step guides, and get instant support — all in one simple platform.
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