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ACAS uplift on unfair dismissal and final salary pension


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Hi everyone,

 

Can someone help me on compensatory awards which arise from unfair dismissal? I was a member of a final salary pension scheme. Would the loss of my pension rights be included in the 12 month cap? I understand that it could limit my claim to just 12 months salary. My claim as it stands would be for 12 months loss of earnings on its own.

 

There is also the matter of an ACAS uplift applicable because of the actions of my ex employer. Would such an uplift be included in the 12 month cap or is it additional to?

 

Thank you in advance for any advice :)

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Unfortunately both the pension and ACAS uplift will be included in the statutory cap, unless your dismissal was discriminatory, or as a result of whistleblowing, health and safety disclosures etc, in which case the cap is lifted.

 

However, the cap is based on a year's gross pay, and your losses are calculated on a net basis, which gives a little more room for manoeuvre. The basic award is also separate to those amounts and depending on your length of service could amount to a reasonably chunky payment.

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how far off pension age? The pension scheme may have terms in its rules to allow you to take the pension and that may well cost the ex-employer dearly. You may have to contact them if the rules arent clear and ultimately go to the pensions ombudsman who can force the emplyer to make up the shortfall

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