Griffin v Plymouth Hospitals Nhs Trust (Disability Discrimination : Compensation) [2011] UKEAT 0378_11_1811 (18 November 2011)

Griffin v Plymouth Hospitals Nhs Trust (Disability Discrimination : Compensation) [2011] UKEAT 0378_11_1811 (18 November 2011)

The Tribunal failed to make findings on whether there is any continuing loss of earnings after the Appellant obtains suitable alternative employment and must reconsider this issue. The Tribunal must also reconsider the approach to pension loss in light of any finding on continuing loss, with specific reference to the relevant guidance.

Citation
[2011] UKEAT 0378_11_1811
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
18 November 2011
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment on Remedies
Outcome
Partially allowed and remitted
Legal Topics
Disability Discrimination, Compensation, Remedies, Loss of Earnings, Pension Loss
Employment Law Discrimination Law Disability Discrimination Compensation Remedies Loss of Earnings Pension Loss

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment on Remedies

Legal Issues

  1. 1 Whether the Tribunal erred in failing to consider continuing loss of earnings after suitable alternative employment is found
  2. 2 Whether the Tribunal erred in applying the simplified approach to pension loss instead of the substantial loss approach

Ratio Decidendi

The Tribunal failed to make findings on whether there is any continuing loss of earnings after the Appellant obtains suitable alternative employment and must reconsider this issue. The Tribunal must also reconsider the approach to pension loss in light of any finding on continuing loss, with specific reference to the relevant guidance.

Court Disposition

Partially allowed and remitted

Orders

  • Remitted to the same Employment Tribunal to determine whether there is any continuing loss of earnings after suitable alternative employment is found.
  • Remitted to the same Tribunal to reconsider the approach to pension loss in light of any finding on continuing loss, with reference to paragraph 4.14(c) of the Guidance.