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The question of how to calculate pension losses was considered by the EAT in Chief Constable of West Midlands Police v Gardner. Mr Gardner had been successful in his claim for failure to make reasonable adjustments under the Disability Discrimination Act 1995 at Employment Tribunal stage but he appealed against the ‘pick and mix' approach taken by the tribunal to calculating his pension loss.
The EAT overturned the Disability Discrimination Act judgment but went on to provide guidance on pension loss calculations. The tribunal had used the Ogden tables (actuarial tables for use in personal injury and fatal accident cases) rather than the tables annexed to the Employment Tribunals guidelines. The EAT confirmed that provided there were cogent and credible reasons for doing so, which were clearly articulated, the ET could depart from the established approach. The EAT suggested that it would be unusual for this to be appropriate, however.
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