Discrimination


Anti-discrimination legislation applies to all types of pension scheme.

Trustees must ensure that a pension scheme is not operated in a way that directly or indirectly discriminates against a member or a prospective member because of a protected characteristic, such as someone’s sex or age. It may be possible to objectively justify indirect discrimination (or direct discrimination in the case of age discrimination alone) if it is a “proportionate means of achieving a legitimate aim”.

How we can help

  • Analysis of benefits to ensure schemes equalised benefits effectively following the 1990 CJEU case of Barber
  • Advice on the current state of play on GMP Equalisation
  • Considering benefit design issues in light of age and disability discrimination legislation
  • Advice on the impact of age and disability discrimination legislation on Pension Increase Exchange exercises
  • Advice on the legal requirements for benefits for same sex couples
  • Advice on the impact of family leave on pension benefits.

Recent experience

  • Advice to schemes on the provision of pension benefits for civil partners following the case of Walker v Innospec and the Marriage (Same Sex Couples) Act 2013
  • Advice on provision of death in service benefits to those members with disabilities.