The following Pensions guidance note Produced in partnership with Elizabeth Ovey of Radcliffe Chambers provides comprehensive and up to date legal information covering:
There are two separate areas of legislation which have to be considered in the context of part-time workers and discrimination. The first area is the legislation relating to equal treatment of men and women. Historically, more women than men have worked part-time, so employment terms, including the terms of pension schemes, which are less favourable to part-time workers may well discriminate against women. The second area is legislation specifically aimed at protecting part-time workers.
Legislative provisions designed to secure equal treatment for men and women in relation to pension schemes have a lengthy history.
The current domestic provisions are to be found in section 67 of the Equality Act 2010 (EqA 2010), which provides that a pension scheme which does not contain a sex equality rule will be treated as if it did. A sex equality rule is one which has the effect, among other things, that if a relevant term is less favourable to A than to B (A and B being of the opposite sex), it is to be modified so as not to be less favourable.
For the purposes of EqA 2010, s 67, a term is relevant if it relates to:
the terms on which persons become members of the scheme, or
the terms on which members of the scheme
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