header-logo header-logo

01 February 2018
Issue: 7779 / Categories: Legal News , Profession
printer mail-detail

Judicial pension appeal dismissed

nlj_7779_news

Transitional provisions on judicial pensions not proportionate

Ministers unlawfully discriminated against more than 200 judges on grounds of age when it introduced transitional pension arrangements, the Employment Appeal Tribunal (EAT) has held.

Dismissing the government’s appeal, in Ministry of Justice v McCloud, Mostyn & Ors Appeal No. UKEAT/0071/17/LA, Sir Alan Wilkie held that ministers failed to show the pension arrangements were a proportionate means of achieving a legitimate aim.

The previous judicial pension scheme closed in 2015. Only judges above a certain age were allowed to remain members of the historic scheme, and the rest of the serving judges were transferred to a new scheme that provides less valuable benefits.

Shubha Banerjee, solicitor at Leigh Day, who represents 230 judges, said: ‘Following the report of Lord Hutton in 2011 into ways of reducing the costs of public sector pensions, the government sought to make changes across the public sector including to the pensions of police, firefighters, teachers, prison officers and others.

‘For most public sector groups, changes to pension were made according to age—younger members of schemes were required to leave their very beneficial schemes and instead offered membership of less valuable schemes whilst older scheme members were allowed to remain in their very beneficial schemes. Changes were made to judicial pensions applying this distinction.’

The judges brought claims for direct discrimination and, as there were higher numbers of female and black and minority ethnic judges in the affected group, claims for indirect race and sex discrimination and equal pay.

Sir Alan said: ‘I have identified, in respect of the question of legitimate aims, a series of misdirections by the EJ (Employment Judge) by reason of his misunderstanding of and/or misapplication of the facts and the evidence. 

‘However, when the EJ considered the question of proportionate means, he did so on the assumption that the appellants had established legitimate aims. His approach to that issue was, in my judgment, correct in law and his decision, based on the largely undisputed evidence, cannot be faulted.’

An MoJ spokesperson said: ‘We recognise and value the important role of the judiciary. We are considering the court's findings and whether to pursue an appeal against this judgment.'

Issue: 7779 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll