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Equal treatment and discrimination

Overview

The law provides (broadly) that employers and trustees must not discriminate against an individual on grounds of sex, age, race, religion, disability or part-time status. The law in this area is constantly evolving through the introduction of new legislation and as a result of decisions of our own national courts and the European Court of Justice. Therefore, it can be difficult for employers and trustees to be sure of their legal duties and to keep pace with changes in the law.

How we can help

We have a number of experts who advise on issues relating to discrimination and equal treatment. This includes advising employers and trustees on:

• the legal requirements in the area of discrimination and equal treatment
• issues relating to the equalisation of pension benefits for men and women
• disputes relating to discrimination and equal treatment.

We also provide bespoke training for employers and trustees on this topic.

Equalisation

The challenge for employers and trustees

Since 17 May 1990 pension schemes have been required to provide equal benefits for men and women. Prior to that date different pension provision for men and women was common. It was also common for men and women to have different retirement ages. Therefore, many employers have had to amend their schemes to ensure that men and women are treated equally.

Unfortunately, however, a significant number of schemes have not been amended correctly. Where this is the case it can cause significant problems for employers and trustees in terms of scheme funding and in determining what benefits members are entitled to. Resolving problems with failed attempts to equalise pension benefits for men and women is essential, but can be a complex process.

How we can help

We have extensive experience in providing practical advice and solutions for employers and trustees who are faced with equalisation issues. Our pensions litigation team have also been involved in seeking solutions through the courts, in a number of complex situations. Therefore, we have the experience and expertise to help you resolve your scheme's equalisation issues.