Search

How can we help?

Icon

Pension scheme did not discriminate workers

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service.

The claimant worked as a full-time employee with MDU until March 1991.  Following the birth of her daughter, the claimant commenced working on a part-time basis and continued to do so until her retirement in January 2015.  The scheme calculated that she had worked 21 full-time equivalent years out of the possible 28 full-time years she had been in service and a reduction was therefore applied to her pension.

Amongst other matters, she claimed that MDU had breached the sex equality rule under section 67 of the Equality Act 2010.  In bringing this claim, the Tribunal identified the correct comparator as being someone who was the same age as the claimant, working full-time and who had commenced employment at the same time as the claimant.  It found that the comparator would have accrued pension at the same rate as the claimant and that she was not, in its view, being paid less by way of pension entitlement than a full-time worker.  The Claimant appealed, arguing that the choice of comparator was wrong.  In doing so, she sought to rely on a man of the same age retiring on the same date as her with 21 years’ full-time service.

In bringing this claim, the Tribunal identified the correct comparator as being someone who was the same age as the claimant, working full-time and who had commenced employment at the same time as the claimant.

The EAT did not find that the Tribunal had made an error in its choice of comparator and rejected the claimant’s choice on the basis that it would fail to give effect to an important element of the scheme (i.e. that the accrual rate depended on the age at which the member joined).

As part of its Judgment, the EAT followed an earlier Supreme Court decision and found that an employer is able to rely on a later justification of a potentially discriminatory practice – even if it was not in its mind when it adopted the practice in the first place.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.