Mr G Carroll v Represented by: Ms S Shiels - Solicitor Dumfries & Galloway Council — 2018

At the final hearing, Mr Carroll's claims of breach of contract and unfair dismissal succeeded. The respondents then sought reconsideration at a hearing in Glasgow on 11 October 2018, and Employment Judge Laura Doherty confirmed the original decision on 24 October 2018, with the judgment entered on 6 November 2018.

On the first reconsideration ground, the respondents argued that the compensation should have been reduced to reflect contractual sick pay during long-term absence. The tribunal rejected that submission because it had already found, in the original reasons, that Mr Carroll's ill-health resulted from actions taken by the employer and was not a supervening event. On that basis, Wood v Mitchell SA Ltd did not require a different approach to loss.

On the second ground, the respondents contended that pension loss should have ended when future earnings loss was assessed to end. The tribunal rejected that argument as well. It held that it had not found Mr Carroll would necessarily be in the same pension position in alternative employment, and there was no evidence to support a finding that pension loss and earnings loss had to end at the same time. The tribunal referred to Aegon UK Corp Services Ltd v Roberts and the 2017 pension loss principles, but confirmed the original pension assessment.

The original remedy included past loss, future loss, loss of statutory rights and pension loss. The compensatory award was recorded as £211,383.81 before reductions, and the later appeal record states that after Polkey and contributory conduct reductions and the statutory cap the final award was £50,321.75.