Insights / News

Outer Temple barristers in EUWA 2018 pensions case

Andrew Short KC and Bianca Venkata, acting for the claimants, and Naomi Ling, acting for the Trustee, have appeared in an important case relating to age discrimination in pension schemes.

Mrs Justice Eady, President, sitting in the EAT, found that claimants bringing claims of age discrimination against a private sector body after IP Completion date (31 December 2020) could not rely on general principles of EU law to disapply a provision [in the Equality Act (Age Exemptions for Pension Schemes) Regulations 2010] excluding all claims for age discrimination relating to pensionable service before 1 December 2006. The Employment Tribunal had disapplied this provision relying on the case of Innospec v Walker [2017] UKSC 47.  The decision of the Employment Tribunal was upheld in relation to claims brought before IP Completion date.  

This will be a case of significant importance to pension schemes, and of interest as one of the first cases interpreting the European Union (Withdrawal) Act 2018.

Please click here to view the judgment.

ELA have reported the case in their latest IDS Bulletin which can be found here. This full article is available to ELA subscribers.

Find out more

Andrew Short KC’s practice centres on pensionsemployment, and general commercial work.

His“practical” and“realistic” approach together with his“great understanding of the commercial issues in a case” makes his strategic advice and his advocacy highly sought after by his clients, whether they are national or international companies or organisations, public bodies, trustees, trade unions or individuals.

Andrew has lectured on pensions, discrimination and employment issues and is on the Consultation Board of Practical Law: Pensions.

To find out more, contact Nick Levett +44 (0)20 7427 4908 or Adam Macdonald +44 (0)20 7427 4906 for a confidential discussion.


Naomi Ling has twenty years’ experience as an advocate and is sought after as a specialist in both employment law and pensions law and in particular the area of cross-over between the two.

Her practice covers a wide range of fields. In the employment tribunal she deals with cases including multiparty discrimination, equal pay and holiday pay claims, and complex and sensitive discrimination and whistleblowing claims.

In the High Court she is instructed on black letter pensions trusts issues, and other commercial matters in the pensions and employment spheres including liability for TUPE issues and employment related entitlements.

To find out more, contact Nick Levett +44 (0)20 7427 4908 or Adam Macdonald +44 (0)20 7427 4906 for a confidential discussion.


Bianca Venkata accepts instructions in all areas of Chambers’ practice including pensionscommercial litigationprobateemployment & discriminationfinancial services, and international related matters.

Her advocacy experience includes High Court and Employment Appeal Tribunal hearings, County Court hearings and multiday Employment Tribunal work.

To find out more, contact Matt Sale +44 (0)20 7427 4910  or George Bennett on +44 (0)207 427 0807 for a confidential discussion.

News, Pensions 1 Nov, 2022

Authors

Andrew Short KC

Call: 1990 Silk: 2010

Naomi Ling

Call: 2001

Bianca Venkata

Call: 2014

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