Equal treatment (Pensions) meaning

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This Practice Note cites decisions of the Court of Justice of the European Union. For advice on the extent to which EU rulings bind the courts of the United Kingdom, consult Practice Note: Assimilated law — Assimilated case law. The legislative framework Two distinct legislative strands must be assessed when considering part-time workers and discrimination. The first concerns equal treatment as between men and women. Because, historically, women have been more likely than men to work part-time, employment conditions, including pension scheme terms, that treat part-time staff less favourably may amount to discrimination against women. The second concerns measures directed specifically at safeguarding part-time workers. Equal treatment legislation Provisions intended to guarantee equality for men and women in relation to pension schemes have a long history. The current domestic position is contained in section 67 of the Equality Act 2010 (EqA 2010), which stipulates that any pension scheme lacking a sex equality rule is to be regarded as if such a rule were included. This ensures...

This Practice Note summarises the principal factors and illustrative calculations for deciding whether to elect under section 425 or section 431 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), or to make no election, on acquiring restricted securities. For further background, see the following Practice Notes: What are restricted securities? Restricted securities—tax treatment and joint elections Guidance on making a valid restricted security election The question of whether a section 425 or section 431 election (or no election) should be made is examined using the example set out below. Factual background An incoming director of a private company pays £100 to subscribe for 100 shares in the company at par, provided as a ‘golden hello’. If, within five years of acquisition, the director does not meet specified performance conditions, resigns voluntarily, or is dismissed (including, but not limited to, for misconduct), the director must transfer the shares to a designated shareholder for an amount equal to the...

This Practice Note reviews the principal cases concerning sex discrimination within the context of pension schemes. It includes references to decisions of the Court of Justice of the European Union (CJEU), previously known as the European Court of Justice (ECJ). For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law. Bilka-Kaufhaus v Weber The decision is notable for: its confirmation that eligibility for an employer-provided pension scheme amounts to an element of pay for the purposes of the right to equal pay under Article 119 of the Treaty of Rome (now replaced by Article 157 of the Treaty on the Functioning of the European Union (TFEU)). Note that the equal pay right in Article 157 TFEU had direct effect in UK law and constituted retained EU law until 31 December 2023. Since 1 January 2024, it no longer has direct effect in the UK. It appears that pension scheme members and...