Compensation

Case 1: The facts

In calculating compensation for Kevin Greenhoff after his successful claims of unfair dismissal and disability discrimination (see Workplace Report, January 2006), a tribunal calculated his loss of pension - an uncapped amount, as it was awarded under his disability discrimination claim - at £18,000.

Greenhoff - who was aged 45 when he was dismissed, had been on a final salary scheme and had worked for his employer for nearly 310 years - appealed this sum.

The ruling

The Employment Appeal Tribunal held that the tribunal had not explained the basis for its calculations regarding the loss of pension, and sent the matter back to be considered properly. It suggested that, while a tribunal does not need to adopt either approach set out in the tribunal guidance booklet, it should consider the benefits of each and explain its reasons for using either of them (or an alternative).

Greenhoff v Barnsley MBC UKEAT/0093/06