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Pension Cases

Walsh v Tewkesbury Borough Council (ET Decision)

06 September 2011

Subjects Redundancy; Retirement; Pensions; Direct Discrimination

Source (Lewis Silkin LLP)

A decision to dismiss a 49 year old three months before his 50th birthday in order to avoid additional pension costs was direct age discrimination.

Johnson v The Cabinet Office and Ministry of Defence (Pension Ombudsman decision)

24 January 2011

Subjects Pay and benefits; Pensions

Source (Lewis Silkin LLP)

The Pension Ombudsman rules that tapering of a lump sum payment under the Civil Service Compensation Scheme was in breach of the Employment Equality (Age) Regulations 2006.

British Gurkha Welfare Society v Ministry of Defence

11 January 2010

Subjects Justification; Pensions

Source (Lewis Silkin LLP)

In this case, the British Gurkha Welfare Society (“BGWS”) sought to challenge the pension arrangements put in place for Gurkhas following a government review in December 2006.

London Borough of Tower Hamlets v Wooster

10 September 2009

Subjects Pensions; Dismissal

Source (Lewis Silkin LLP)

A former Council employee is successful in possibly the highest value age discrimination claim to date

Standard Life Bank Ltd v Wilson

26 June 2009

Subject Pensions

Source (Lewis Silkin LLP)

This is a decision of the Scottish Division of the EAT concerning the construction of Regulation 24 of the Employment Equality (Age) Regulations 2006.

Birgit Bartsch v Bosch and Siemens Hausgerate Altersfursorge GmbH

07 November 2008

Subjects Pensions; International case

Source (Lewis Silkin LLP)

German survivor's pension claim rejected

Bloxham v Freshfields Bruckhaus Deringer

30 September 2008

Subjects Justification; Pay and benefits; Pensions

Source (Lewis Silkin LLP)

A tribunal has ruled that a law firm did not unlawfully discriminate on age grounds when it reformed its partner pension scheme - even though the extent of partners’ losses depended on their age.

Birgit Bartsch v Bosch and Siemens Hausgerate Altersfursorge GmbH

29 September 2008

Subjects Pensions; International case

Source (Lewis Silkin LLP)

The EU directive covering age discrimination cannot be relied on to challenge a domestic law where the act complained of pre-dated the deadline for implementing the directive and the measure attacked was not introduced to implement an EU law.