Calculating pension loss in employment tribunal claims
Calculating pension loss in employment tribunal claims

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Calculating pension loss in employment tribunal claims
  • Different types of pension
  • Different types of pension loss
  • Presidential Guidance and Principles for Compensating Pension Loss
  • The Ogden Tables
  • Impact of taxation
  • Expert evidence
  • Case management
  • Loss of state pension
  • Loss of pension – DC schemes
  • more

Produced in partnership with Keith Bryant QC of Outer Temple Chambers.

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An employment tribunal will therefore need to calculate pension loss as part of its consideration of remedy in the following types of claim:

  1. wrongful dismissal: where an individual has been dismissed in breach of contract, ie without being given their full contractual notice or pay in lieu, damages may be awarded for the value of pension benefits that would have accrued during the notice period

  2. unfair dismissal: as part of the compensatory award for unfair dismissal the tribunal may include compensation for any loss of pension benefits caused by the dismissal

  3. discriminatory dismissal: compensation for unlawful discrimination is assessed in the same way as a tort claim in the civil courts and may include compensation for pension benefits to put the individual back in the position in which they would have been but for the unlawful discrimination

Different types of pension

There are many types of pension in the UK but the main types likely to arise in the context of a tribunal claim are these:

  1. the state pension

  2. an occupational pension which may be:

    1. a defined contribution (or DC) scheme

    2. a defined benefit (or DB)