Discrimination: Pensions
This part of the topic index contains resources on discrimination in pension provision. Please select the resource that you require by clicking on the relevant tab below.
7
resources
These resources are maintained, meaning that we monitor developments on a regular
basis and update them as soon as possible.
| 1 | Pensions aspects of the Equality Act 2010: overview An overview of the pensions aspects of the Equality Act 2010. This Practice note outlines the political background to the Act, the sources of law that it replaces and the impact of the Act on types of discrimination that are key for pension lawyers. | Practice note: overview | Maintained |
| 2 | Equalisation of pension benefits following Barber: recent ... This practice note looks at the effect of the decision in Barber v Guardian Royal Exchange Assurance Group and, in particular, the recent cases that have arisen from defective attempts to equalise pension benefits between the sexes. The note also considers the scope for claims to be made by trustees and employers against their former professional advisers. | Practice notes | Maintained |
| 3 | Equality Act 2010: employment implications This note provides background to the Equality Act 2010 and brief analysis of the Act's key employment-related provisions. It is no longer maintained. PLC Employment has now published a suite of more detailed, maintained practice notes on the Act, which can be accessed via A toolkit: discrimination under the Equality Act 2010. | Practice notes | 30-Sep-2010 |
| 4 | Interpreting legislation under section 3 of the Human Rights ... This practice note explains the rule under section 3 of the Human Rights Act 1998 that, so far as possible, legislation must be read and given effect in a way compatible with the European Convention on Human Rights. The note explains: The scope of the rule and how it applies to various types of legislation. How the courts have approached its application. The limits of what kinds of interpretation are "possible" to achieve human rights compliance. | Practice notes | Maintained |
| 5 | Key topics citator A "reverse" citator setting out the main legislative provisions, regulatory materials, leading cases and determinations of the Pensions Ombudsman for some key topics in occupational pensions. Links are also included to the main PLC Pensions materials available for each topic. | Practice notes | Maintained |
| 6 | Pensions and discrimination claims This practice note considers the various types of discrimination claims that affect occupational pension schemes. It examines sex discrimination issues, including in relation to GMP equalisation, part-time worker claims and the recent Test-Achats judgment, as well as issues in relation to discrimination because of age, employment status, sexual orientation, gender reassignment, disability and religion or belief. | Practice notes | Maintained |
| 7 | Pensions: age discrimination This practice note considers the pensions aspects of the age discrimination legislation. Since 1 December 2006, it has been unlawful for employers and trustees of occupational pension schemes to discriminate against, or to harass members, on grounds of their age. This note examines the age discrimination rules and the exemptions, the implications for scheme trustees and employers and areas, such as flexible retirement, where the effect of the legislation is uncertain. | Practice notes | Maintained |