In Roberts v Aegon, an employee who had been unfairly dismissed and who had no loss of earnings (because she had secured a higher paid job) was nonetheless awarded compensation in respect of the loss of her defined benefit pension arrangement. (The claimant's new job provided a defined contribution arrangement).

In upholding the original decision in favour of the employee, the Employment Appeals Tribunal (EAT) held that the loss of the defined benefit pension arrangement could not be considered in purely monetary terms; defined contribution arrangements carry more risk and the Tribunal was right to take this into account. Hence, the Tribunal could draw a distinction between loss of earnings and loss of ongoing access to a defined benefit pension scheme and award compensation accordingly.