pensions
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Compensation - Case Round-Up: October 2014
In this month's round-up, Mark Shulman consultant solicitor with Keystone Law, looks at recent cases where ET’s have made inconsistent findings when assessing compensation.
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13/10/2014 09:21
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Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240
Appeal against the calculation of remedy in respect of future loss and pension loss following successful claims of constructive unfair dismissal and disability discrimination. Appeal allowed in respect of the pension loss calculation.
- cases
24/09/2014 15:07
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Malcolm v Dundee City Council UKEATS/0050/13/SM
Appeal and cross-appeal against the amount awarded to the claimant after her successful claim of sexual harassment. Appeal allowed in part.
- cases
09/09/2014 10:10
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Somerset County Council v Chaloner UKEAT/0063/14/JOJ; UKEAT/0064/14/JOJ
Claimant’s appeal against the calculation of the remedy and finding on mitigation following her successful claim of unfair dismissal. Respondent’s counter claim relating to pension loss. Both appeals were allowed and the case was remitted to a fresh Tribunal to determine all points on remedy.
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04/09/2014 15:31
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Coker v Wandsworth Borough Council UKEAT/0421/13/BA
Appeal concerning compensation concerning a number of issues but in particular whether the simple or substantial pension loss approach should have been applied by the ET and if so how.
- cases
29/06/2014 21:22
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Dass v The College of Haringey Enfield and North East London & Ors UKEAT/0108/12/MC
Claimant’s application for leave to amend his ET1 to pursue his claim for retrospective admission to the Teachers’ Pension Scheme for periods of part-time employment. The claimant was asked to provide amended grounds challenging the decision of an Employment Judge that there was no stable employment relationship between the Claimant and the Respondent between dates during the period for which retrospective admission to the scheme was claimed, but as none were provided in compliance with the order of the EJ, the application was refused.
- cases
23/06/2014 20:44
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Andrews v Kings College NHS Foundation Trust & Anor UKEAT/0304/13/RN
Appeal against the terms of a declaration made in the claimant’s favour regarding pension rights, and against the dismissal of her claim relating to a further period when she claimed she had not been informed of her right as a part time worker to join the pension scheme. Appeal allowed on the first ground, the second ground was dismissed.
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16/03/2014 19:34
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BAE Systems (Operations) Ltd v Konczak UKEAT/0243/13/DA
Appeal against the level of compensation awarded to the claimant after her successful claim of sex and disability discrimination, victimisation and automatic unfair dismissal. Cross-appeal in relation to the calculations of future loss, pension loss and interest. Appeal and cross-appeal allowed and remitted to the same Tribunal.
- cases
16/03/2014 11:53
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The Ministry of Justice v O'Brien UKEAT/0466/13/LA
Following a ruling that part-time fee-paid judges are entitled to a pension, the ET determined the amount of the pension that should be payable. The respondent appealed the way in which the pension was calculated. Appeal allowed on the main issue.
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05/03/2014 12:30
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Innospec Ltd & Ors v Walker (Interested Party: Sec of State for Work & Pensions) UKEAT/0232/13/LA
Appeal against an ET ruling that the claimant’s civil partner was entitled to a pension on the claimant’s death even though the claimant’s service occurred entirely prior to coming into force of the law prohibiting discrimination on the ground of sexual orientation. Appeal allowed.
- cases
23/02/2014 18:29