Lee Andrew v Royal Devon and Exeter NHS Foundation Trust

Lee Andrew v Royal Devon and Exeter NHS Foundation Trust

The Ombudsman did not err in law in his findings on reliance and causation regarding Mr Andrew’s retirement date and financial loss, but did err in law by failing to properly consider redeployment as a reasonable adjustment under the Equality Act 2010, conflating competitive application with the employer’s duty to redeploy.

Parties
Appellant: Mr Lee Andrew; Respondent: Royal Devon and Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
28 November 2022
Procedural Posture
Appeal Under S.151 Pension Schemes Act 1993 / Judgment on Appeal From Pensions Ombudsman
Outcome
appeal allowed in part, dismissed in part
Legal Topics
Maladministration, Reliance and Causation, Reasonable Adjustments, Redeployment, Appeal on Point of Law
Pensions Law Employment Law Disability Discrimination Maladministration Reliance and Causation Reasonable Adjustments Redeployment Appeal on Point of Law

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Parties

Mr Lee Andrew

Appellant

Royal Devon and Exeter NHS Foundation Trust

Respondent

Procedural Posture

Appeal Under S.151 Pension Schemes Act 1993 / Judgment on Appeal From Pensions Ombudsman

Legal Issues

  1. 1 Whether the Pensions Ombudsman erred in law on the issue of reliance and causation regarding financial loss from an incorrect pension estimate
  2. 2 Whether the Ombudsman erred in law by failing to consider redeployment as a reasonable adjustment under the Equality Act 2010

Ratio Decidendi

The Ombudsman did not err in law in his findings on reliance and causation regarding Mr Andrew’s retirement date and financial loss, but did err in law by failing to properly consider redeployment as a reasonable adjustment under the Equality Act 2010, conflating competitive application with the employer’s duty to redeploy.

Court Disposition

appeal allowed in part, dismissed in part

Orders

  • Appeal on ground 1 (reliance/causation) dismissed
  • Appeal on ground 2 (redeployment/reasonable adjustment) allowed