Claimant v NHS Blood and Transplant
Outcome
Individual claims
This is a remedy hearing following a successful discrimination claim. The tribunal awarded injury to feelings and made findings regarding future financial losses based on the claimant remaining in the Band 4 BSO role but for the discrimination.
Facts
This is a remedy hearing following a successful discrimination claim. The claimant had been employed in a Band 4 BSO role by NHS Blood and Transplant. The tribunal determined that but for the discrimination, the claimant would have remained employed until his normal retirement date in 2035. The tribunal assessed future mitigation on the basis of obtaining equivalent employment within 9 months and applied a 1/3 reduction to pension loss for health-related contingencies.
Decision
The tribunal awarded £20,000 for injury to feelings plus £3,116 interest. Financial losses are to be agreed by the parties based on tribunal findings that the claimant would have remained in the Band 4 role until 2035, would obtain equivalent employment within 9 months, and with a 1/3 reduction to pension loss for health contingencies.
Practical note
In discrimination cases involving long-term career loss, tribunals may apply significant percentage reductions to future pension loss calculations to reflect health-related contingencies that could prevent work before normal retirement age.
Award breakdown
Vento band: middle
Adjustments
1/3 reduction to pension loss figures to reflect the chance that the Claimant will become unable to carry out any work for health reasons prior to his normal retirement date
Case details
- Case number
- 6000958/2023
- Decision date
- 3 June 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- BSO role
Claimant representation
- Represented
- Yes
- Rep type
- barrister