Claire Darwin KC: writes for the Pensions Barrister blog


Claire Darwin KC writes for the Pensions Barrister blog on Historic Discrimination and Pension Schemes.


Historic Discrimination and Pension Schemes

Chapter 2 of Part 5 of the Equality Act 2010 (“EqA 2010”) deals with discrimination in the context of occupational pension schemes.

Section 61(1) EqA 2010 provides that all occupational pension schemes include a non-discrimination rule. Further, the non-discrimination rule is part of all occupational pension schemes by operation of law i.e., automatically. Section 61(2) defines a non-discrimination rule as being a provision by virtue of which a responsible person (A) must not discriminate against another person in carrying out any of A’s functions in relation to the scheme. The reference to ‘discriminate against another person’ in s.61(2) EqA 2010 is a reference to conduct prohibited by Chapter 2 of Part 2 EqA 2010 which includes direct and indirect discrimination, victimisation and a failure to make reasonable adjustments.

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