header-logo header-logo

Judges’ pension scheme ageist

02 January 2019
Issue: 7822 / Categories: Legal News , Pensions , Profession
printer mail-detail

Judges were discriminated against on the grounds of age by changes to their pension scheme, the Court of Appeal has held.

About 230 judges, including six High Court judges, had claimed they were treated less favourably than older judges when a revised judicial pension scheme took effect in April 2015. Older judges who were closer to retirement age were protected by transitional measures. Younger judges suffered losses amounting to about £30,000 for High Court judges and hundreds of thousands of pounds for more senior judges. Their claims were previously upheld by the employment tribunal and Employment Appeal Tribunal.

The judgment, in Lord Chancellor v McCloud and Mostyn & Ors [2018] EWCA Civ 2844, was conjoined with a firefighters’ pensions case, Sargeant v London Fire and Emergency Planning Authority & Ors [2018] EWCA Civ 2844. In both cases, the government argued that the age discrimination was justified.

Shubha Banerjee, partner at Leigh Day, said: ‘Many public sector workers including judges had been working towards and planning for their retirement based on membership of their former pension scheme, only for those plans to be completely disregarded once the government’s discriminatory changes were brought in. We do hope that the Ministry of Justice will recognise the fact that three courts have now found its actions discriminatory and will take steps to resolve this matter as quickly as possible.’

Leigh Day said that the judgment was likely to have an impact on other public sector groups who have seen similar changes to their pension scheme, such as police officers.

A spokesperson for the Ministry of Justice said it was seeking permission to appeal. If unsuccessful, the Ministry may need to pay out as much as £100m from an already stretched budget to remedy the judges’ losses.

Issue: 7822 / Categories: Legal News , Pensions , Profession
printer mail-details

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll