EAT EQUAL PAY ACT – Part time pensions
The Claimant women were unlawfully excluded from an occupational pension scheme as part-timers, but they would never have joined it if it had been open to them. There is no basis for ordering a declaration that the Respondents breached the implied equality term during the period when the pension scheme was closed to them without there being a corresponding loss. Those who would not have opted to join the scheme are not entitled to the declaration of admission to the scheme. For those who succeeded, the declarations endure only for the closed period. The purely discretionary remedy of a declaration is not inconsistent with EU law.
Appeals dismissed.
Citations:
[2010] UKEAT 0116 – 10 – 2312
Links:
Employment, Discrimination
Updated: 31 August 2022; Ref: scu.427755
