Occupational pension schemes, personal pension contributions: equality protections and exceptions
Occupational pension schemes, personal pension contributions: equality protections and exceptions

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Occupational pension schemes, personal pension contributions: equality protections and exceptions
  • Non-discrimination rule—an overview
  • Non-discrimination rule—what is an occupational pension scheme
  • Non-discrimination rule—responsible persons
  • Non-discrimination rule–when it applies
  • Non-discrimination rule—relationship with sex and maternity equality rules
  • Non-discrimination rule—duty to make reasonable adjustments
  • Non-discrimination rule—power to alter scheme to achieve compliance
  • Non-discrimination rule—exceptions relating to age
  • Non-discrimination rule—remedies
  • more

This Practice Note examines:

  1. the non-discrimination rule in section 61 of the Equality Act 2010 (EqA 2010) relating to occupational pension schemes—see: Non-discrimination rule—an overview below, and

  2. discrimination and other prohibited conduct under EqA 2010, Pt 5 in relation to payments to personal pension schemes, and the exceptions that may apply in relation to age—see: Employers’ contributions to personal pension schemes—prohibited conduct below

Non-discrimination rule—an overview

A 'non-discrimination rule' is a provision by virtue of which a responsible person must not:

  1. in carrying out their functions in relation to an occupational pension scheme (see: what is an occupational pension scheme below), discriminate against another person

  2. in relation to the scheme, harass another person

  3. in relation to the scheme, victimise another person

For further information, see: Non-discrimination rule–when it applies below.

This Practice Note also deals with:

  1. the relationship between the non-discrimination rule and the sex and maternity equality rules

  2. the duty to make reasonable adjustments

  3. the power to alter terms to achieve compliance, and

  4. exceptions relating to age, and

  5. the remedies

Non-discrimination rule—what is an occupational pension scheme

An occupational pension scheme:

  1. is a scheme or other arrangements which provides benefits to or in respect of people:

    1. on retirement

    2. on having reached a particular age, or

    3. on termination of service in an employment

  2. must have been established for the purpose of