Jurisdiction(s):
United Kingdom

Related legal acts

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,...

UK occupational pensions discrimination: from Barber/Coloroll to Equality Act 2010 - equalisation (including GMP), bridging pensions, offsets, and access for part-time and fixed-term workers - a beginners’ guide

Published by a LexisNexis Pensions expert

Practice notes

This guide is chiefly intended for trainees, recently qualified lawyers and other persons who are new to, or unfamiliar with, pensions law.

It addresses Discrimination chiefly in the specific context of occupational pension schemes.

It includes citations to the case law of the Court of Justice of the European Union.

For advice on whether EU judgments remain binding on UK courts, see Practice Note: Assimilated law — Assimilated case law.

Development of anti-discrimination law in the pensions arena

Unlawful discrimination in its many forms has created significant legal and administrative challenges for occupational pension schemes over many decades now.

Perhaps the best-known development was the European Court of Justice’s landmark ruling in the Barber case, made on 17 May 1990 (one of the most famous dates in UK pensions law history), in which the ECJ stated that pensions constitute a form of deferred pay, and that, consequently, operating schemes on the basis of unequal terms for males and females — for example, by providing unequal normal retirement dates (NRDs) — in the absence of Objective justification, can, in certain circumstances, amount to a potential breach of the right to equal pay under European law...

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Wyn Derbyshire

gunnercooke LLP

Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also...

Web page updated on 22/05/2026

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