Sargeant & Ors v London Fire & emergency Planning Authority & Ors [2018] UKEAT/0116/17/LA and The Lord Chancellor & Anor v McCloud & Ors [2018]

Posted In: Case Law
  • Case Reference
    UKEAT 0071_17_2901
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Pensions
Issues covered: Pension Entitlement; Sex Discrimination; Age Discrimination; Race Discrimination; Disproportionate Effect; Objective Justification; Legitimate Aim; Proportionality

These two test cases related to the transitional provisions established as part of changes to public sector pensions introduced after the 2011 Hutton Report. Sergeant related to the Firefighters’ Pension Scheme, whilst a second case of McCloud related to the Judicial Pensions Scheme.

The basis of the appellants’ argument concerned provisions allowing older workers tapered protection, whereas younger workers were transferred to the new pension schemes without any transition period.

The EAT in both cases upheld the ET findings that that the transitional provisions pursued legitimate aims. This related to the Government’s aim of seeking to protect those closest to the standard pension age

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This article is correct at 01/02/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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