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England and Wales decisions
Decisions matching the current search
The EAT dismissed an appeal in a direct race discrimination case, holding that the ET was entitled to find no burden shift under section 136 and to refuse late comparator evidence.
The EAT held the tribunal applied the wrong test when refusing Tesco permission to call expert evidence in equal value litigation, and remitted the issue.
The 1992 Deed validly established the money purchase section and effected the transfer and conversion of members’ final salary benefits to money purchase benefits, subject to an underpin preserving the final pensionable salary link as required by the Proviso. The conversion itself did not breach the Proviso, but the transfer sums must be augmented if actual salary increases and final pensionable salary would have resulted in higher accrued benefits. There is no rule in the Scheme obliging the Trustee to discriminate on grounds of age; therefore, no unlawful age discrimination has occurred or…
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AB v Secretary of State for Justice [2023] EWHC 72 (KB) (19 January 2023)
Permission to appeal was refused in a costs dispute arising from data protection and equality claims. The court upheld findings of misconduct and a 70% reduction to AB’s assessed costs.
Employment Appeal Tribunal age-discrimination appeal about pension reductions during insolvency assessment and the effect of EU law after Brexit.
Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank PLC & Ors [2020] EWHC 3135 (Ch) (20 November 2020)
The High Court considered whether GMP equalisation applied to transfer-out payments and whether underpaid transfer values could require a top-up despite discharge arguments.
The High Court held that Lloyds pension trustees remained liable to remedy underpaid transfer values where GMP equalisation had been omitted.
The Court of Appeal held that section 62 of the Pensions Act 1995 closed the Barber window from 1 January 1996, allowing Safeway’s pension equalisation to take effect then.
The Upper Tribunal held that refusal of indefinite leave to remain under the restricted leave policy was lawful and proportionate, though Article 8 was engaged by the applicant’s health.
ASK, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 1239 (16 July 2019)
Court of Appeal case on immigration detention of mentally ill detainees, mental capacity, fairness, Equality Act duties, and article 3/8 claims.
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