Claimant v Department for Work and Pensions — 2019

The claimants were former employees of the Department for Work and Pensions who had taken partial retirement before later being dismissed on efficiency grounds. Each received inefficiency compensation calculated under the Civil Service Compensation Scheme 2010, using service after partial retirement. They argued that compensation should have been calculated differently, including by reference to the 2016 Scheme or associated guidance, and advanced claims including unlawful deductions from wages, breach of contract, and age and/or disability discrimination.

The tribunal found that the applicable rules were those in the 2010 Scheme. It noted that the 2016 Scheme had been quashed and that, in any event, the relevant calculation after partial retirement would not have assisted the claimants. The tribunal concluded that the compensation paid to each claimant had been correctly calculated, and that any contractual claim had no reasonable prospect of success.

On discrimination, the tribunal found no reasonable prospect of establishing indirect discrimination because the claimants' case did not account for the benefits already received through partial retirement. For direct discrimination, it found that any difference in treatment was because the claimants had previously taken partial retirement and received associated benefits, not because of age or disability. The tribunal therefore dismissed the claims as presented and refused the proposed amendments to add unfair dismissal claims, and in one case a discriminatory dismissal claim, because they were substantially out of time and no adequate basis for extending time had been advanced.