Jurisdiction(s):
United Kingdom

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Key definition

Discrimination definition

What does Discrimination mean? Discrimination in legal practice describes unfavourable treatment, particular disadvantage, harassment or victimisation because of a protected characteristic, across employment and the provision of services, housing, education and public functions. The concept is defined primarily by legislation and developed through case law. In England & Wales and Scotland, the Equality Act 2010 prohibits direct and indirect discrimination, harassment, victimisation, discrimination arising from disability, and failure to make reasonable adjustments. Protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (colour, nationality, ethnic or national origins), religion or belief, sex and sexual orientation. In Northern Ireland,...

Archived 2021 UK pensions judgments: topic-based tracker with practitioner summaries across discrimination, FSMA/SIPP, PPF compensation, rectification, LGPS, tax and pension sharing

Published by a LexisNexis Pensions expert

Practice notes

ARCHIVED: This case tracker is archived and not maintained. It lists key pensions judgments from 2021, arranged by topic. Entries are grouped by subject, with topics shown in the Table of Contents to the left of the page.

discrimination MH and ILA (Droits à pension en cas de faillite)

Full name: BJ and OV, joint trustees in bankruptcy of Mr M v Mrs M, MH, ILA, Mr M
Citation: C-168/20
Court: Court of Justice of the European Union (CJEU)
Judgment Date: 11 November 2021
Representation: D.J. Rhee QC, C. Harrison (Barrister), and I. Gill (Solicitor) for BJ and OV, joint trustees in bankruptcy of Mr M; G. Peretz QC, J. Briggs (Barrister), and S. Gilchrist (Solicitor) for Mrs M, MH, ILA and Mr M; L. Armati, L. Malferrari and M. Wilderspin, Agents for the European Commission

Key take-away: On a preliminary reference from the High Court, the Court of Justice ruled that section 11 of the Welfare Reform and Pensions Act 1999 (wrpa 1999) is liable to be indirectly discriminatory in relation to nationals...

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Web page updated on 26/05/2026

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