Harper v Moulton College Bedford Tribunal 30 December 2010
Ms Harper was 58 and worked for the college in a management role. She had a job change imposed on her in preference to a younger employee. The college told her that if she refused to move which she did not wish to do then she would be subject to a disciplinary procedure. The college claimed that her employment contract required her to undertake such duties as required and may be reasonably expected of her. Ms Harper resigned and claimed unfair dismissal and age discrimination.
Together with interest she was awarded a total amount for age discrimination of £144,090. Just over £89,000 of that was for pension loss as the Tribunal concluded that there was no evidence that she would have been dismissed before 65 or retired early.
Key point: Employers dismissing employees of similar age should be aware that they are unlikely to be in full time work again and the pension loss award as a result could be very substantial.