Transgender issues and pension entitlement
Produced in partnership with Elizabeth Ovey of Radcliffe Chambers
Transgender issues and pension entitlement

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

  • Transgender issues and pension entitlement
  • What does ‘transgender’ mean?
  • Before the Gender Recognition Act 2004
  • Moves towards change
  • The Gender Recognition Act 2004
  • The original provisions
  • Civil partnership amendments
  • Same-sex marriage amendments
  • Effect on pension benefits
  • Guidance from the Department for Work and Pensions
  • More...

The language used in this Practice Note reflects the language of the relevant statutory material and previous decided cases, which is binary and to some extent medical in nature. The extent to which attitudes and language have changed is demonstrated by the Report of the House of Commons Women and Equality Committee published in December 2015.

In the pensions context, however, it remains the case that entitlement is in some respects dependent upon the question whether an individual is to be treated as male or female at a particular time. This is different from the situations which arise in particular in relation to the provision of services, where discrimination may arise in connection with non-binary or fluid gender identity.

This Practice Note contains references to rights under the European Convention of Human Rights (ECHR), as well as decisions of the Court of Justice of the European Union and the European Court of Human Rights (ECtHR) in respect of such rights. The ECHR is an international treaty which the UK ratified in 1951. It became binding in UK law with the introduction of the Human Rights Act 1998, which gives effect to the rights contained in the ECHR. Note that:

  1. in broad terms, EU judgments handed down on or before IP completion day (11pm on 31 December 2020) continue to be binding on UK courts and tribunals,

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