Compensation

Case 5: The facts

Mr Green worked as a bus mechanical engineer for 21 years. When his employer asked his permission to contact the DVLA in order to establish that he could still drive buses, he refused and was dismissed.

A tribunal found his dismissal to be unfair and awarded compensation for loss of earnings on the basis that he would find alternative employment with a final salary pension scheme in the near future. Green appealed, arguing that he should be awarded more compensation for loss of pension.

The ruling

The Employment Appeal Tribunal (EAT) noted that the tribunal had given reasons for its decision: Green was an experienced driver and engineer, demand for his line of work was expanding and he could have found work in the public sector with a final salary pension scheme. It held that the tribunal was entitled to find that there was employment available with a final salary pension scheme but that Green had not attempted to find it, having made a choice to consider service as a minister of religion.

The tribunal had also been entitled, the EAT held, to reduce Green's compensation by 20% for contributory fault.

Green v Metroline London Northern Ltd UKEAT/0096/06