Discrimination

Copyright © 2024 LexisNexis

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:

  1. •

    direct, or

  2. •

    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:

  1. •

    puts

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Pensions News

Pensions Ombudsman orders former director of trustee company to pay £9.7m to two pension schemes (Dalriada Trustees (PO-16266))

Pensions analysis: The Pensions Ombudsman (PO) has upheld a complaint brought by Dalriada Trustees Ltd (Dalriada) and others of multiple instances of breach of trust and maladministration against Ecroignard Trustees Ltd (Ecroignard) and a Mr Shroff, a former director of that company. Ecroignard has been wound up—although its ultimate dissolution has been suspended until 2028. Written by Paul Carney, a partner at Shoosmiths LLP.

PPF responds to Work and Pensions committee regarding the indexation of compensation relating to pre-1997 benefits

The Pension Protection Fund (PPF) has responded to the Work and Pensions Committee letter dated 17 December 2024 regarding the impact of increasing PPF and Financial Assistance Scheme (FAS) payments. PPF’s response includes revised figures detailing the potential impact of indexing pre-97 compensation for PPF members and FAS payments. The updated calculations, based on the 2023/24 annual report and accounts, encompass various scenarios including prospective and retrospective changes to indexation, removal of the 90% factor for deferred members, and alterations to FAS assistance increases. The PPF emphasises that the cost implications are sensitive to market conditions, particularly nominal yields. The data presented includes comprehensive breakdowns of the effects on PPF assets, liabilities, funding levels, and reserves under different indexation scenarios, providing a nuanced view of the financial implications of potential policy changes.

PSIG announces consultation outcomes and future plans

The Pension Scams Industry Group (PSIG) has revealed the results of its recent consultation, ‘Evolution or Extinction’ which sought to determine the organisation's future direction. The feedback indicates strong industry support for PSIG's work, particularly its Code of Good Practice. Respondents called for more proactive measures, including increased lobbying efforts, an interactive information hub, and expanded services such as training and accreditation schemes. However, despite the demand for enhanced services, the industry has not committed to providing funding for PSIG's operations. Looking ahead to 2025, PSIG plans to publish an updated Code of Good Practice, maintain its involvement with the Pension Scams Action Group, and continue offering the Pension Scams Industry Forum. The group will review its options and present a proposal for future operations later in the year.

Government ignores calls for redress over women’s state pension age failings

Law360: The Labour government announced on 17 December 2024 that it will not compensate women affected by historical failures to inform them that their state retirement age had changed, in a move campaigners called an 'unprecedented political choice' set to have long-term repercussions.

View Pensions by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Internal dispute resolution procedure—what is involved?

Internal dispute resolution procedure—what is involved?STOP PRESS: On 10 January 2024, the Pensions Regulator (TPR) published the long-awaited general code of practice which merges and updates ten of its existing codes of practice into a single code made of ‘51 shorter, topic-based modules’. TPR say

Privilege in pensions

Privilege in pensionsWhen is privilege relevant?Privilege is the fundamental human right, long established by common law, to withhold/resist/object to the compulsory giving of information or production of a document to another person. Questions of privilege thus frequently arise when disputes are

Pension trustee claims against advisers (professional negligence)

Pension trustee claims against advisers (professional negligence)Running a pension scheme can be a particularly challenging and onerous task for pension scheme trustees, especially in respect of large schemes consisting of numerous employers and members and a significant fund (and/or deficit).As a

Railways Pension Scheme rules gave actuary wide discretion to determine how to address funding shortfall

Pensions analysis: The High Court has held that the rules of the Railways Pension Scheme provide a degree of flexibility in how any funding shortfall may be addressed and that flexibility can include an assessment of the practicality of any steps that are expressly provided for under the rules.
Internal dispute resolution procedure—what is involved?

Internal dispute resolution procedure—what is involved?

Internal dispute resolution procedure—what is involved?STOP PRESS: On 10 January 2024, the Pensions Regulator (TPR) published the long-awaited general code of practice which merges and updates ten of its existing codes of practice into a single code made of ‘51 shorter, topic-based modules’. TPR say

Privilege in pensions

Privilege in pensions

Privilege in pensionsWhen is privilege relevant?Privilege is the fundamental human right, long established by common law, to withhold/resist/object to the compulsory giving of information or production of a document to another person. Questions of privilege thus frequently arise when disputes are

Pension trustee claims against advisers (professional negligence)

Pension trustee claims against advisers (professional negligence)

Pension trustee claims against advisers (professional negligence)Running a pension scheme can be a particularly challenging and onerous task for pension scheme trustees, especially in respect of large schemes consisting of numerous employers and members and a significant fund (and/or deficit).As a

Railways Pension Scheme rules gave actuary wide discretion to determine how to address funding shortfall

Railways Pension Scheme rules gave actuary wide discretion to determine how to address funding shortfall

Pensions analysis: The High Court has held that the rules of the Railways Pension Scheme provide a degree of flexibility in how any funding shortfall may be addressed and that flexibility can include an assessment of the practicality of any steps that are expressly provided for under the rules.