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Key definition
Sex discrimination definition

What does Sex discrimination mean? Sex discrimination describes unlawful less favourable treatment, or unjustified disadvantage caused by a neutral rule, because a person is male or female. In practice it arises in employment (recruitment, terms, promotion, dismissal), vocational training, professional membership, education, housing, public functions and access to goods and services. The concept is defined in legislation: in England & Wales and Scotland by the Equality Act 2010; in Northern Ireland by the Sex Discrimination (Northern Ireland) Order 1976 and the Equal Pay Act (Northern Ireland) 1970; and in Ireland by the Employment Equality Acts 1998–2015 and the Equal Status Acts 2000–2018. Usage is broadly consistent...

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Sex discrimination in occupational pension schemes: equal treatment, post‑Brexit EU law, Barber, indirect discrimination, powers to amend and GMP equalisation

Practice notes
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The current position and how we got here

As in other parts of discrimination law that govern pension schemes, rules on sex discrimination have been strongly shaped by European law. In this area, three separate strands of European law have informed the development of UK law:

  • case law of the Court of Justice of the EU (CJEU)—as regards the domestic effect of CJEU judgments, retained eu law (Revocation and Reform) Act 2023 (REUL(RR)A 2023), s 6 introduces new tests and procedures for UK courts when deciding whether to depart from earlier CJEU rulings. Previously, in weighing a departure from retained EU case law, the Supreme Court and the Court of Appeal (together, the Higher Courts) applied the standard of whether it appeared ‘right to do so’. REUL(RR)A 2023 amends s 6 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) so that, once the new provisions take effect, the Higher Courts must have regard, among other matters, to specified factors...
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Elizabeth Ovey
Elizabeth Ovey 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 21/05/2026

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