Sex discrimination for pension lawyers
Produced in partnership with Elizabeth Ovey of Radcliffe Chambers
Sex discrimination for pension lawyers

The following Pensions practice note produced in partnership with Elizabeth Ovey of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Sex discrimination for pension lawyers
  • The current position and how we got here
  • European Directives
  • Directly applicable Treaty provisions
  • Areas affected by equality rule requirements
  • Direct discrimination
  • Indirect discrimination
  • GMP equalisation
  • Cases where sex discrimination claim is only one among other discrimination claims

The current position and how we got here

As in other areas of discrimination law which apply to pension schemes, the law on sex discrimination has been heavily influenced by European law. In this area, there are three relevant strands of European law:

  1. European case law—broadly, EU judgments handed down on or before 31 December 2020 continue to be binding on UK courts and tribunals post-31 December 2020 (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant

  2. European Directives—while European Directives are generally not retained EU law post-31 December 2020, the domestic UK law which implements them is

  3. directly applicable Treaty provisions—the key Treaty provision in the context of sex discrimination is article 157 of the Treaty on the Functioning of the European Union (setting out the right to equal pay) which, as a directly applicable provision, constitutes retained EU law under the European Union (Withdrawal) Act 2018, s 4 and thus continues to have effect in the UK post-31 December 2020

For more detailed information on the treatment of European law post-31 December 2020, see Practice Note: Introduction to retained EU law.

European Directives

The

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