Discrimination

Copyright © 2026 LexisNexis

Every occupational pension scheme is treated as containing a statutory non-discrimination rule making it unlawful for the trustees or managers, or an employer whose employees are or may be members of the scheme, to discriminate against a member or prospective member when operating the scheme (section 61 of the Equality Act 2010 (EqA 2010)).

All forms of discrimination under the EqA 2010 are also prohibited in relation to personal pension schemes (EqA 2010, ss 13 and 19).

This Overview contains references to case law of the Court of Justice of the European Union. For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law.

What is discrimination?

Discrimination may be:

  1. •

    direct, or

  2. •

    indirect

Direct discrimination occurs when A treats B less favourably than he treats or would treat another person on the ground of a protected characteristic (EqA 2010, s 13).

Indirect discrimination occurs if A applies a provision, criterion or practice to all members or prospective members, but that provision, criterion or practice:

  1. •

    puts

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Pensions News

Joint regulatory VFM proposals aim to improve transparency and comparability in DC pension schemes

The Pensions Regulator (TPR) and the Financial Conduct Authority (FCA) have published a joint regulatory consultation and consultation response in CP26/1 setting out how a new value for money (VFM) framework could operate consistently across defined contribution (DC) workplace pensions. The proposals are designed to move the industry away from narrow cost-based assessments and towards a more holistic and comparable evaluation of the value delivered to pension savers in both trust-based and contract-based schemes. The proposed framework is intended to enable trustees, providers and governance bodies to assess the long-term performance of DC pension schemes for savers, improving transparency and competition by making it clearer which schemes deliver good value, and which do not, and supporting better retirement outcomes. The FCA has also published its response to feedback on its earlier consultation CP24/16 and the new consultation on revised detailed rules and guidance for contract-based schemes are to be implemented through the FCA Handbook. For trust-based schemes, where the Department for Work and Pensions (DWP) will legislate for the framework through the Pension Schemes Bill currently before Parliament, CP26/1 serves as discussion paper intended to gather timely input from the industry to help shape the detailed regulations and guidance that DWP and TPR are set to develop. The deadline for responding to consultation CP26/1 is 8 March 2026.

Pensions weekly highlights—8 January 2026

This week’s edition of Pensions weekly highlights includes a review of key news stories, as well as dates for your diary and trackers.

PDP issues call for feedback on industry working group proposals to shape delivery of private sector dashboards

The Pensions Dashboards Programme (PDP) has launched a call for feedback on proposals to adapt the industry participant approach used for connecting pension providers and schemes to the Central Digital Architecture (CDA) to support the delivery of private sector dashboards (PSDs). In particular, the PDP is seeking views on whether a collaborative model, involving a defined group of industry participants working closely with the PDP team, can help shape the processes, standards and support needed for dashboards developed and operated in the private sector. The PDP also envisages a PSD working group that goes beyond pure connection issues and supports the iteration of standards, development of guidance, refinement of end-to-end processes and testing of full dashboard journeys, including user experience. Responses to the request for feedback questions to help shape how this engagement model is taken forward are sought by 10 February 2026.

ICSWG publishes climate investing framework to support sustainable investment decisions and real-economy outcomes

The Investment Consultants Sustainability Working Group (ICSWG) has published a new climate investing framework to help investors evolve climate strategies from portfolio decarbonisation towards ‘real-world’ outcomes. The framework responds to concerns that current decarbonisation-focused approaches, such as investing in low-carbon assets, may not protect portfolios from wider financially-material systemic risks linked to climate change. It aims to support more complex investment decision-making as investors’ understanding of climate change and its development increases.

View Pensions by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Railways Pension Scheme rules gave actuary wide discretion to determine how to address funding shortfall

Pensions analysis: The High Court has held that the rules of the Railways Pension Scheme provide a degree of flexibility in how any funding shortfall may be addressed and that flexibility can include an assessment of the practicality of any steps that are expressly provided for under the rules.

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Railways Pension Scheme rules gave actuary wide discretion to determine how to address funding shortfall

Railways Pension Scheme rules gave actuary wide discretion to determine how to address funding shortfall

Pensions analysis: The High Court has held that the rules of the Railways Pension Scheme provide a degree of flexibility in how any funding shortfall may be addressed and that flexibility can include an assessment of the practicality of any steps that are expressly provided for under the rules.

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit