Jurisdiction(s):
United Kingdom

Age Discrimination in Occupational and Personal Pension Schemes: Using the Equality Act 2010 Age Exceptions (SI 2010/2133)—Checklist for Trustees, Managers and Employers

Published by a LexisNexis Pensions expert

Checklists

Considerations for trustees and managers

Confirm the scheme is updated to meet the statutory ban on age discrimination, considering carve‑outs in the Age Exceptions Order, SI 2010/2133.
If not already updated, assess whether changes are needed, again having regard to those exceptions.
Where a length‑of‑service test disadvantages members with over 5 years’ service, set procedures to obtain the employer’s confirmation that it reasonably appears to serve a business need.
Note some exceptions require a rule, practice, action or decision to pursue a specified aim, or allow it only to a defined extent; keep material showing it targets that aim or is limited accordingly.
Carefully consider whether proposed alterations to governing or operating rules, practices, actions or decisions would amount to age discrimination.

Considerations for employers

For occupational and personal schemes, factor in age discrimination and the scope of exceptions when seeking any changes to rules, practices, actions or decisions.
Where a length‑of‑service criterion disadvantages a member, ensure it meets a business need with supporting material, revisit as circumstances evolve, and keep procedures to provide required information and confirmations to trustees or managers.
For personal schemes, note the same specified‑aim/limited‑extent requirements and retain material evidencing compliance.

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Elizabeth Ovey

Radcliffe Chambers

Elizabeth has a general Chancery practice with particular emphasis on pensions (developing from the trust side of her practice) and on retail financial services (developing from an early specialisation in building society law). She also does a considerable amount of professional negligence work in these areas and other areas in which a Chancery background is of assistance.Her first substantial involvement in pensions law came when she was instructed in relation to a small miners’ pension scheme during the days of the miners’ strikes in the 1980s and she has done an increasing amount of pensions work since those days. She is a contributing editor of Halsbury’s Laws vol. 80 (Personal and Occupational Pensions) (2020). She is now on the Lexis PSL pensions section editorial board and is a contributor to Lexis PSL through a series of practice notes on various aspects of...

Web page updated on 20/05/2026

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