In the case of Roberts vs Aegon UK Corporate Services, the company successfully appealed against the decision made by the Employment Appeals Tribunal (EAT) because the tribunal saw the defined-benefit pension to be part of an overall remuneration package rather than a one-off benefit.
Faith Dickson, a partner at law firm Sacker & Partners, said: "It is not surprising to see a case like this hitting the headlines now, with pensions profile higher than they have ever been. For a long time there has been scope for tribunals to include pension loss in compensation, so I think this case probably indicates less a change of law and more a change of focus."
Although Roberts did find new employment, the pension was a substantial factor in the EAT's original decision because her new employer offered only a defined-contribution arrangement.