By Regulation 8(9) of the Part Time Workers Regulations (‘the PTWR’) 2000 an Employment Tribunal awards compensation which they consider just and equitable having regard to the infringement to which the complaint related and to any loss attributable to the infringement having regard to the pro rata principle except where it is inappropriate to do so. The Employment Judge did not err in holding that the computation of loss by the Respondent which was based on the pension of Vice-Presidents in the Residential Property Tribunal Service (‘RPTS’) where the Claimant was a part time fee paid legally qualified Chair represented the loss suffered by the Claimant rather than compensation based on the different pension paid under the different scheme of which his full time Tax judge comparator was a member. The Employment Judge did not err in failing to apply the pro rata principle to a pension scheme which did not form the basis for calculating loss.
The Employment Judge did not err in holding that the Tribunal did not have jurisdiction under the PTWR to determine whether the Claimant had an entitlement to a JUPRA pension from 7 April 2000 by reason of the Judicial Pensions (Fee-Paid Judges) Regulation 2017 or to take these into account when awarding compensation. Appeals from the Remedy Judgment and the Declaration dismissed.
Citations:
[2019] UKEAT 0279 – 18 – 1306
Links:
Jurisdiction:
England and Wales
Employment
Updated: 08 July 2022; Ref: scu.638497