The Government has confirmed that all public sector pension schemes will be changed to remove age discriminatory provisions.

The Court of Appeal refused permission for the Government to appeal to the Supreme Court, bringing an end to the litigation and forcing the Government to begin remedying the age discrimination.

Firefighters pension challenge and age discrimination

Although the Court of Appeal decision related only to firefighters and judges, essentially the same provisions had been applied across public sector pension schemes.

It was not clear whether the Government would only follow the Court of Appeal decision to the letter, remedying only the firefighters’ and judges’ pension schemes that were at issue.

Because of this, earlier this month NHS doctors had already begun legal action to challenge the provisions in their pension scheme.

This legal action could now be dropped as a result of the Government’s announcement, although only remedying of the scheme has been announced (rather than also providing compensation to those affected).

The government respects the Court’s decision and will engage fully with the Employment Tribunal to agree how the discrimination will be remedied.
— Liz Truss MP, Chief Secretary to the Treasury