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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll