The President of the Employment Tribunals, Judge Brian Doyle, has announced that the Compensation for Loss of Pension Rights Booklet (“the Guidance”) has been withdrawn from the Ministry of Justice website, however the underlying approaches in the Guidance remain valid.
The decision follows Underhill LJ’s comments in Griffin v Plymouth Hospitals NHS Trust  EWCA Civ 1240 (where the Claimant was represented by Cloisters’ Joel Donovan QC and Chris Milsom). Underhill LJ urged an urgent review of the Guidance in order to ensure that claimants were adequately compensated in light of changes in pension law and practice.
The Guidance is due to be reviewed by a judicial working party, however in the mean time employment tribunals have been provided with a discretion when deciding the level of compensation for pension loss.
By Rajiv Bhatt