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Discrimination on grounds of age – successful appeal


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Andrew Short QC and Naomi Ling successful in judges’ pensions case appeal, resisting appeal against ET decision that they were discriminated against on grounds of age.

Andrew Short QC and Naomi Ling successfully resisted an appeal by the Ministry of Justice to the EAT from a finding that judges had been discriminated against on grounds of age.

The claimants are more than 200 judges who were moved to a less generous pension scheme in 2015. The Employment Tribunal found that the aim of protecting those closest to retirement was not legitimate and, in any event, the judges were so badly affected by the change that it was not proportionate.

The EAT found that the judge had made some errors in assessing legitimate aim but refused to disturb the finding on proportionality. Permission has been granted to appeal against these findings to the Court of Appeal.

The judgment, which could be of help to all pensions and employment and discrimination practitioners, is available here.

Andrew’s employment practice covers everything from complex or sensitive dismissal and discrimination cases through TUPE to high value contract, restrictive covenant, fiduciary duty and equal pay claims. He is particularly sought after in cases that require a knowledge of both pensions and employment law.

Naomi is a specialist in employment law and pensions law. She is recognised for her expertise and experience in both fields, particularly in areas where there is overlap between the two disciplines. She is especially rated for her strong client skills, excellent judgment and meticulous preparation.


Barristers: Andrew Short QC | Naomi Ling
Categories: News