Pike v Somerset County Council & Anor [2008] UKEAT 0046_08_0310 (3 October 2008)

Pike v Somerset County Council & Anor [2008] UKEAT 0046_08_0310 (3 October 2008)

The appropriate comparator pool is teachers who retire and return to work (returners), as only they are subject to the post-retirement rule. The exclusion of part-time returners from pensionable service has a statistically significant disparate adverse impact on women, establishing indirect sex discrimination. The Employment Tribunal erred in selecting a wider pool and striking out the claim.

Citation
[2008] UKEAT 0046_08_0310
Parties
Appellant/claimant: Mrs Pike; First Respondent/employer: Somerset County Council; Second Respondent: Secretary of State for Education & Skills (Teachers' Pension Scheme)
Jurisdiction
United Kingdom
Judgment Date
03 October 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Strike Out Judgment
Outcome
Appeal allowed; Employment Tribunal judgment reversed; case remitted for hearing on justification.
Legal Topics
Indirect Sex Discrimination, Equal Pay, Part Time Workers, Pension Entitlement, Selection of Comparator Pool
Employment Law Equality Law Pensions Law Indirect Sex Discrimination Equal Pay Part Time Workers Pension Entitlement Selection of Comparator Pool

Case Brief

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Parties

Mrs Pike

Appellant/claimant

Somerset County Council

First Respondent/employer

Secretary of State for Education & Skills (Teachers' Pension Scheme)

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Strike Out Judgment

Legal Issues

  1. 1 What is the appropriate comparator pool for assessing indirect sex discrimination in the Teachers' Pension Scheme post-retirement rule?
  2. 2 Does the exclusion of part-time returners from pensionable service have a disparate adverse impact on women?

Ratio Decidendi

The appropriate comparator pool is teachers who retire and return to work (returners), as only they are subject to the post-retirement rule. The exclusion of part-time returners from pensionable service has a statistically significant disparate adverse impact on women, establishing indirect sex discrimination. The Employment Tribunal erred in selecting a wider pool and striking out the claim.

Court Disposition

Appeal allowed; Employment Tribunal judgment reversed; case remitted for hearing on justification.

Orders

  • Case remitted to Judge Macmillan for expedited hearing of the Claimant's case and Respondents' justification defence.
  • Respondents to serve witness evidence within 14 days; Claimant to respond within 14 days thereafter.