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Issue 85 (January 2004)

Contents

Divided, not conquered
Retaining discrimination
Sex, lies and videotape
Calculating pension loss
Achieving equality at work
When I'm sixty four
Failure to consult  

Calculating pension loss

The long-awaited Employment Tribunal Compensation for Loss of Pension Rights booklet, 3rd edition, has now been published.

It replaces the 2nd edition, published in 1991, which was criticised by the EAT in Clancy v Cannock Chase Techical College [2001] IRLR 331 as being over-simplistic. Used by Employment Tribunals and practitioners to calculate pension loss, it is an invaluable guide to the tricky mathematics involved in the subject. It is depressing to acknowledge that if an unfairly dismissed employee was in a final salary pension scheme, the chances of finding employment with a similar scheme are slim indeed. The loss of access to a final salary scheme can be enormous and represents a valuable loss that must be included in a claim for compensation.

It must be accurately assessed, as a calculation based on the employer's contribution to the scheme is much less than the actual loss to the employee.