A victim of unfair dismissal was compensated for the loss of her defined benefit pension scheme up to her retirement age by the Employment Appeals Tribunal.
The tribunal said when Roberts found a new job her loss of earnings claim ended - but because she only had access to a defined contribution pension she could claim for denial of access to her former DB scheme as an "ongoing loss".
When the employer appealed the EAT also said risk taken on by the employee in money purchase schemes must be taken into account. She was awarded £37,000.
Wragge & Co partner Richard Lee said: "It is clear the EAT considers that a tribunal is able to compensate unfairly dismissed employees for loss of DB pension rights beyond the period for loss of salary and other benefits and that the value of the final salary benefits is considered separately.
"This could pose a significant cost in unfair dismissal claims, particularly in the current market where dismissed employees may feel more likely to sue former employers."
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