Age discrimination and pensions

Since 1 October 2006 it has been unlawful for company pension schemes to discriminate against scheme members or prospective scheme members on the grounds of age.

Discrimination will only be lawful if a specific exemption applies or if it can be 'objectively justified'.

The laws are not retrospective, which means that discriminatory practices applying to pension rights accrued up to 1 October 2006 are not  affected by the current regulations.

Pension scheme trustees must remove any discriminatory rules from their scheme and can also change any scheme rules that conflict with the regulations.

Workers who suffer discrimination on the grounds of age in relation to pensions can bring a claim to an Employment Tribunal against the trustees and/or the employer.

If you think you have been unfairly discrmininated against on the grounds of your age you should contact the Usdaw Rep in your workplace or the Area Organiser from your local Usdaw office.