Griffin v Plymouth Hospital NHS Trust
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LADY JUSTICE GLOSTER
- LORD JUSTICE UNDERHILL
- LORD JUSTICE FLOYD
Areas of Law
- Employment Law
- Civil Procedure
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The case involves the Claimant’s appeals against multiple compensation assessments related to her constructive unfair dismissal and disability discrimination claims against the Respondent Trust. The main legal issues revolved around the appropriate estimation of future loss of earnings and how to calculate pension loss. After several remitted hearings, the court ruled that the Tribunal did not err in assessing the Claimant’s future loss of earnings over a twelve-year period but did err in not using the substantial loss approach for pension loss determination. The Tribunal must now reassess the pension loss using the correct approach.
Judgment
Lord Justice Underhill :
INTRODUCTION
The Claimant in these proceedings, the Appellant before us, is aged 39. She was employed by the Respondent Trust from 2000 until her resignation with effect from 30 September 2009. She was a specialist clinical technician in bone densitometry at Derriford Hospital in Plymouth. She was at the date of the termination of her employment on a salary of £32,753 p.a. She became ill in 2007 and was diagnosed in 2008 as suffering from systemic lupus erythematosus (“SLE”). Her eventual resignation was on the basis that the Trust had made wholly inadequate efforts to enable her to return to work in a way which would accommodate her condition.
The Claimant brought proceedings in the Employment Tribunal for (constructive) unfair dismissal and for disability discrimination on the basis of a breach by the Trust of its duty under section 4A of the Disability Discrimination Act 1995 to make reasonable adjustments. That claim was upheld by a Tribunal sitting at Plymouth, chaired by Employment Judge Carstairs. Following a separate remedy hearing on 15 December 2010, the same Tribunal on 5 April 2011 awarded the Claimant compensation amounting to £105,643.01 (including an element by way of grossing-up and an uplift under section 31 (3) of the Employment Act 2002).
The Claimant believed that the element in the award in respect of financial loss was too low. She appealed to the Employment Appeal Tribunal. On 18 November 2011 a Tribunal chaired by Supperstone J allowed her appeal and remitted the case to the Employment Tribunal to make further findings and to reconsider its award on the basis of those findings: I will refer to this as “the Supperstone appeal”.
Following a further hearing on 17 May 2012 the original Tribunal, by a Judgment and Reasons sent to the parties on 8 August 2012, increased the award to £166,595 , the element for financial loss being increased to £104,762. In the actual judgment by an oversight the wrong total was given; but the error has been corrected.
The Claimant believed that that figure remained too low. She appealed again to the EAT. On 26 September 2013 a Tribunal chaired by HH Judge McMullen QC dismissed her appeal: I will refer to this as “the McMullen appeal”. She appeals against that decision with the permission of Rimer LJ.
The Trust has at all times been represented by Ms Elizabeth Cunningham of counsel. The Claimant’s representation has changed from time to time. At the original liabili