Age Discrimination and Pension Schemes

From 1 October 2006:

• it will be unlawful for occupational pension schemes to discriminate against members or prospective members of a scheme on the basis of age;
• it will be unlawful for employers to discriminate (in relation to pensions and otherwise) on the basis of age;
• discrimination (direct or indirect) will only be lawful if one of the specific exemptions apply or if it can be 'objectively justified'.
• pension benefits accrued and discriminatory practices up to 1 October 2006 will not be affected by the Regulations;
• trustees will be obliged to disapply any discriminatory rules under their scheme; trustees are also given power to amend any scheme rules that conflict with the Regulations;
• workers who suffer discrimination on grounds of age in relation to pensions can bring a claim to an Employment Tribunal against the trustees and/or employer.

The Department for Business Enterprise & Regulatory Reform (BERR)have produced  guidance  on the new legislation.

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© 2003 (USDAW) Union of Shop, Distributive and Allied Workers
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