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Case law: Employer faced with claim for pension loss was entitled to information about employee’s other pension entitlement

Employers faced with claims for pension loss when dismissing an employee should consider applying for disclosure of information about the employee’s other pensions that may reveal whether they intended to work until the age they claim.

Legal Alert

This update was published in Legal Alert – August 2015

Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

An employee successfully claimed discrimination and unfair dismissal. She was awarded significant compensation for loss of pension after she said she enjoyed working and would have continued working until she was 70 if she hadn’t been dismissed.

Her employer applied for an order that she disclose information about her other pension entitlement from previous employment, with a view to finding out whether she would really have chosen to stay in work until 70.

The Employment Appeal Tribunal allowed the employer’s appeal, ruling that this information was relevant, and it was not disproportionate to order disclosure given that her claim was for more than £900,000. However, it was made clear that the information should not be regarded as critical in the sense of determining whether or not the she would have carried on working to 70, but is one of the factors to which the Tribunal will expect to pay regard to.

Operative date

  • Now

Recommendations

  • Employers faced with age-related claims for compensation, such as for pension loss, when dismissing an employee should consider applying for disclosure of information about their pension entitlement from previous employment that reveals whether they really intended to work until the age they say

Case ref: Essex County Council v Jarrett UKEAT/0087/15/MC

Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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