Discrimination

Discrimination

Every occupational pension scheme is treated as containing a statutory non-discrimination rule making it unlawful for the trustees or managers, or an employer whose employees are or may be members of the scheme, to discriminate against a member or prospective member when operating the scheme (section 61 of the Equality Act 2010 (EqA 2010)).

All forms of discrimination under the EqA 2010 are also prohibited in relation to personal pension schemes (EqA 2010, ss 13 and 19).

This Overview contains references to case law of the Court of Justice of the European Union. For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law.

What is discrimination?

Discrimination may be:

•
direct, or
•
indirect

Direct discrimination occurs when A treats B less favourably than he treats or would treat another person on the ground of a protected characteristic (EqA 2010, s 13).

Indirect discrimination occurs if A applies a provision, criterion or practice to all members or prospective members, but that provision, criterion or practice:

•
puts

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