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Equal access meaning

What does Equal access mean?
In pensions practice, equal access describes the requirement that men and women are subject to the same eligibility rules for joining an occupational pension scheme. It is a descriptive term, commonly used to summarise the “equal treatment” provisions that prohibit sex-based differences in scheme membership conditions. In Great Britain, this requirement arises under the Pensions Act 1995 and the Occupational Pension Schemes (Equal Treatment) Regulations 1995. Parallel provisions apply in Northern Ireland. In Ireland, equivalent obligations stem from the Employment Equality Acts and the Pensions Act 1990. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Key features include identical: minimum and maximum entry ages; waiting periods; qualifying service or hours thresholds; job category or grade-based eligibility; and admission processes and dates. Schemes cannot close, restrict or segment membership by sex, nor apply conditions that are more onerous for one sex. Practical significance: trustees and employers must ensure scheme rules and admission practices are sex‑neutral; historic breaches can necessitate retrospective admission or levelling‑up, and may give rise to discrimination claims and regulatory scrutiny.
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NEWS
LGPS (England and Wales) fairness consultation: backdated survivor benefit equalisation, death grant age cap removal, expanded pensionable leave and mandatory gender pensions gap reporting—implementation costs chargeable to funds

What is the background to the consultation? The consultation, ‘Local Government Pension Scheme in England and Wales: Access and fairness’, released on 15 May 2025, seeks to fundamentally enhance fairness in, and access to, the LGPS. It will examine five principal areas of concern: tackling survivor pensions and death grants reducing the gender pensions gap examining the high rate of opt-outs from the LGPS strengthening forfeiture provisions delivery of the McCloud remedy What is being proposed? The document explains that some proposals offer definitive resolutions to entrenched issues (for example, securing equal survivor benefit entitlement), while others begin longer-term work (including measures to reduce the gender pensions gap). We highlight two central reforms: revisions to survivor benefits and actions to improve the gender pensions gap. Survivor benefit entitlement Currently, survivors in same-sex marriages, survivors in same-sex civil partnerships, and female survivors of opposite-sex marriages and opposite-sex civil partnerships have pensions assessed on the member’s service from...

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NEWS
Construction law highlights: RIBA Belfast Group, BCIP building control call, BSA 2022 service charges ruling, Scottish prescription decision, Environment Agency cluster planning, Arbitration Act 2025 commencement—31 July 2025

In this issue: Building safety Planning Litigation Arbitration Daily and weekly news alerts Construction trackers Building safety RIBA announces formation of Belfast Group to standardise fire safety guidance The Royal Institute of British Architects (RIBA), with institutes in Northern Ireland, Scotland, Wales and the Republic of Ireland, has unveiled the Belfast Group, a forum to harmonise fire and life-safety guidance across the five nations. Established following the Grenfell Tower Inquiry Phase 2 report, it aims to ensure architects in all jurisdictions have equal access to relevant national regulations, standards and technical materials needed to design buildings meeting the highest fire and life protection standards. The Group will issue consistent guidance for construction professionals on fire safety requirements and procurement practices. See: LNB News 25/07/2025 51. BCIP calls for evidence on building control reform BCIP seeks evidence on England’s building control...

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NEWS
Group equal pay claims: EAT upholds order allowing stayed-claimant solicitors to attend private preliminary hearings and access bundles, but refusing blanket disclosure of all documents (Aird v Asda)

Aird and others v (1) Asda Stores Ltd, (2) Brierley and others [2024] EAT 52 What are the practical implications of this case? This ruling provides an uncommon illustration of a case management direction within group litigation before the employment tribunal. Although there are no formal Rule 36 orders in place designating ‘lead claimants’ in the Asda equal pay litigation, the matters of selected sample claimants are being tried first, with all remaining claims paused until determinations are made in those cases. It is highly improbable that any participant, Asda included, will be allowed to re‑argue issues determined through the sample claims. The appeal addresses the circumstances of solicitors acting for certain claimants whose proceedings are stayed (within the Calder Multiple). On one side, those claimants and their lawyers gain from the work undertaken and expenditure incurred by others in advancing the hearings of the sample claims (within the Brierley Multiple). On the other side, they are likely to be held to the results of proceedings in which...

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PRACTICE NOTES
Creditors’ decision-making in bankruptcy under the Insolvency (England and Wales) Rules 2016: procedures, deemed consent, notices, voting and SIP 6

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 introduced an updated framework for decision-making across all insolvency procedures from 6 April 2017. The detailed rules governing decision-making are contained in IR 2016, SI 2016/1024, Pt 15. The prescribed decision procedures There are five decision procedures through which a trustee in bankruptcy (trustee) may obtain a decision from a bankrupt’s creditors under section 379ZA of the Insolvency Act 1986 (IA 1986), namely: correspondence electronic voting virtual meeting physical meeting any other decision-making procedure which enables equal participation by all creditors Seeking a decision without a meeting Correspondence If a decision is sought by correspondence, creditors will only be able to accept or reject the proposal. Electronic voting This mirrors correspondence in that creditors will only be able to accept or reject the proposed decision. Where electronic voting is to be used: the notice delivered to creditors must include any...

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PRACTICE NOTES
EU State Aid and SGEI: Definition, Member State Discretion, Altmark, Procurement, Reasonable Profit and the 2012 SGEI Package

Services of general economic interest (SGEI) The notion of ‘services of general economic interest’ is not expressly defined in the EU Treaties or in secondary legislation. Its contours are set out in Article 14 TFEU and, in particular, Article 106(2) TFEU, which provides that undertakings entrusted with an SGEI remain subject to the TFEU unless applying those rules would impede the particular task assigned. Further, the development of intra‑Community trade must not be affected in a manner that runs counter to the EU’s interest. Protocol No 26 to the TFEU highlights the importance of SGEI and affirms the discretion of Member States in defining them. It also clarifies why there is no single EU definition: SGEI vary between Member States due to differing needs arising from distinct historical, geographical, cultural and social circumstances. The role of SGEI also evolves with technological progress and societal change. Member States must ensure: quality safety affordability equal treatment universal access protection of user...

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PRACTICE NOTES
Private sector pensions due diligence for TUPE asset sales: transferring rights, Beckmann liabilities, minimum benefits, warranties and indemnities

THIS PRACTICE NOTE APPLIES TO ALL PRIVATE SECTOR PENSION SCHEMES Business sales (sometimes called asset sales) involve a seller disposing of part, or all, of its tangible business to a buyer. The buyer then assumes ownership of the contracts and assets set out expressly in the business sale agreement. Those contracts will typically include, for example, commercial agreements and the employment contracts for some, or all, of the seller’s staff (employees transfer by law), together with any plant, machinery, property, goodwill, and similar items. This Practice Note should be read alongside the following Practice Notes: Pension issues on a business sale—acting for the buyer Pension issues on a business sale—acting for the seller TUPE—what pension benefits should the transferee provide? The purpose of due diligence Due diligence is the process by which a buyer obtains information about the seller's business and the accompanying liabilities. Lawyers acting for the buyer are frequently provided with access to an actual or virtual data...

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PRECEDENTS
UK Recruitment Policy Precedent: equality, advertising, blind shortlisting, interviews and tests; offers, medical assessments, references, right to work, and data protection compliance (Data (Use and Access) Act 2025)

Stop press: The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 bring into force the remaining provisions of the Data (Use and Access) Act 2025 (DUAA 2025) in full. Provisions relating to subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement are in force from 5 February 2026, and provisions relating to penalty notices and complaints are in force from 19 June 2026, respectively. For more information and guidance, please refer to Practice Note: Data (Use and Access) Act 2025—employment implications. This Precedent will be updated shortly to reflect these changes accordingly and promptly. 1 Introduction 1.1 As stated in the Company’s equality policy, the Company is fully and firmly committed to ensuring equal opportunities for every employee, worker and job applicant, and to removing unlawful and unfair discrimination. The Company strives to build a culture that welcomes and values diversity and that recruits, rewards and advances staff on...

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PRECEDENTS
Training and Development Policy: Induction, Statutory Study/Training Rights, Young Workers, Health and Safety and Union Representatives, Pension Trustees, Requests and Booking, Costs, and Responsibilities

1 Introduction The Company supports continuous learning, urging every employee to enhance their skills and qualifications and to strengthen their chances for future career advancement, with accountability jointly shared between the Company and the individual employees themselves The Company aligns training and development offerings with the organisation’s requirements and goals, and choices about investing in staff learning and development are likewise determined by current business priorities and overall objectives The Company is dedicated to ensuring that access to, and decisions concerning, training and development are taken fairly and consistently at all times, and that equal opportunity is afforded to all employees across this area. The Company will ensure that no employee is barred from receiving training on grounds of race, colour, nationality, ethnic or national origin, gender, disability, sexual orientation, religion or belief, or age This policy outlines the training entitlement provided by the Company, any mandatory training, and details of any compulsory training that the Company does not fund, as required under relevant...

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PRECEDENTS
Precedent policy: time off for study or training—eligibility, application, funding, pay and appeals (s.63D Employment Rights Act 1996, Great Britain)

1 Introduction 1.1 The Company pledges to build the capabilities and knowledge of its people through training and development initiatives, supporting the business and its aims and objectives. 1.2 This document outlines the Company’s policy on providing training and study leave to all employees, and clearly explains in detail the steps and procedures to follow when applying for both courses and study leave [ and financial assistance to support training ]. 1.3 The Company upholds equal opportunity in employment for all its employees and will ensure that no employee is prevented or refused access to training because of race, colour, nationality, ethnic or national origin, gender, disability, sexual orientation, religion or belief, or age. 1.4 This policy aims to be as thorough and comprehensive as possible. However, if anything remains unclear, or you have any further questions about the policy, please contact [ the HR department ]...

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