Griffin v Plymouth Hospital NHS Trust (Disability Discrimination : Loss/Mitigation) [2013] UKEAT 0554_12_2609 (26 September 2013)

Griffin v Plymouth Hospital NHS Trust (Disability Discrimination : Loss/Mitigation) [2013] UKEAT 0554_12_2609 (26 September 2013)

The Tribunal made no error in law in its factual assessment of future losses and was not obliged to apply the Ogden Tables or Guidance on pension loss; its compensation award was neither perverse nor wrong in principle.

Citation
[2013] UKEAT 0554_12_2609
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
26 September 2013
Procedural Posture
Employment Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Disability Discrimination, Compensation Assessment, Pension Loss, Mitigation of Loss

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Final Appellate Judgment

  1. 1 Did the Employment Tribunal err in law in its calculation of future losses for disability discrimination?
  2. 2 Was the Tribunal obliged to apply the Ogden Tables or Guidance on pension loss?

Ratio Decidendi

The Tribunal made no error in law in its factual assessment of future losses and was not obliged to apply the Ogden Tables or Guidance on pension loss; its compensation award was neither perverse nor wrong in principle.

Court Disposition

appeal dismissed

Orders

  • No error of law found; Tribunal's award of compensation upheld.