Discrimination law has caused problems for pension schemes ever since 1990, when schemes were required to ‘equalise’ pensions for men and women, providing them with the same standard retirement age.
It took almost 20 years for the courts to clarify requirements and the solution still necessitates careful legal analysis. Since then, there have been further rules on discrimination relating to:
- part-time worker status, and
- sexual orientation and marriage/civil partners.
Dealing with discrimination risks requires an understanding of a range of issues, from the use of comparators to objective justification. Issues are rarely straightforward – improving benefits for one group may be discriminatory against another. Arc Pensions Law can ensure you navigate these issues in a practical and appropriate manner.