The Employment Rights Act 1996 and Pension Schemes Act 1993 (Amendment) Regulations 2017
Definition of employer expanded for the purposes of payments by the National Insurance Fund
Employment Tribunal Remedies & Fees Update 2017 (webcast)
Recording of webinar first broadcast live on 19 September 2017. You need to be a paid subscriber or you can buy the Employment Tribunal Remedies Handbook in October 2017 and you will get this webcast to download as part of the price.
Bowden v Ministry of Justice & Anor UKEAT/0018/17/LA
Appeal by part-time judge, who was alleging that he ought to have received a judicial pension and certain other improvements to his terms and conditions, against the dismissal of his claims because the ET refused to extend time. Appeal allowed and remitted to a different Tribunal.
"Principles for compensating pension loss" in the ET now published
Following the withdrawal of the 2003 edition of ‘Compensation for Loss of Pension Rights: Employment Tribunals’, a working party of Employment Judges was set up to provide guidelines for the calculation of pension loss. These guidelines have just been published and are called “Principles for compensating pension loss".
University of Sunderland v Drossou UKEAT/0341/16/RN
Appeal against the inclusion of employer pension contributions when determining the Claimant's weekly pay and against a failure to reduce the basic award for contributory fault. Appeal allowed on the basic award reduction only.
Williams v Swansea University Pension & Assurance Scheme Swansea University  EWCA Civ 1008
Appeal against the rejection of the Claimant's claim of disability discrimination after he received a reduced pension because of having worked part-time prior to retiring on ill-health grounds. Appeal dismissed.
O'Brien v Ministry of Justice  UKSC 46
Appeal against a decision by the Court of Appeal, upholding a judgment by the EAT which said that the Claimant, who had won the right under the Council Directive 97/81/EC and national law to a pension on terms equivalent to a comparable full-time judge, could only count the period from the year 2000 when calculating the amount of his pension, and not from the date he started in 1978. The Supreme Court unanimously decided to refer a question to the CJEU.
Walker v Innospec Limited and others  UKSC 47
Appeal against the dismissal of the Claimant's claim of discrimination. Appeal allowed.
Harrod & Ors v Chief Constable of West Midlands Police & Ors  EWCA Civ 191
Case concerning the compulsory retirement of police officers after they had served for 30 years "in the general interests of efficiency" pursuant to Regulation A19 (2) Police Pensions Regulations 1987. The Claimant police officers had won their claims of age discrimination at the ET but this was overturned by the EAT. The Claimants were given permission to appeal. Appeal dismissed.
Williams v Surrey Heath Borough Council  EWCA Civ 23
Appeal against the dismissal of the Appellant's claim that her final salary had been incorrectly calculated for the purpose of determining her pension payments. Appeal dismissed.