Judicial pensions

Leigh Day is instructed by about 230 younger judges in relation to claims for, amongst other things, direct age discrimination, as a result of changes made to judicial pensions that came into effect in April 2015.

We are still taking on new claimants in this litigation. If you are a salaried or a fee-paid judge and would like to discuss whether you might have a potential discrimination claim, please contact Simon Cuthbert.

The Ministry of Justice (MoJ) introduced changes in April 2015 to judges’ pensions such that younger judges born after 1 April 1957 were required to leave the Judicial Pension Scheme (JPS) and instead were offered membership of a less beneficial pension scheme, the New Judicial Pension Scheme (NJPS).

There were also some tapering provisions to allow judges born after 1 April 1957 but before 1 September 1960 additional time after 1 April 2015 to accrue benefits in the JPS prior to being moved to the NJPS.

We are bringing age discrimination claims on behalf of those younger judges as they have been treated less favourably in respect of their pension entitlements, which are simply deferred pay, purely because of their age.

The MoJ accepts that the group has been treated less favourably, but it considers that its actions can be objectively justified. We pursued claims in the Employment Tribunal which were successful and the MoJ appealed the Employment Tribunal decision.

The Employment Appeal Tribunal upheld the Employment Tribunal’s decision , but the MoJ has appealed again, and an appeal hearing is listed to be heard in the Court of Appeal in November 2018.

We are acting in this litigation for:

• younger salaried judges who were unable to continue to accrue benefits in the JPS from 1 April 2015
• younger salaried judges who had some tapering protection but were unable to continue to accrue benefits in the JPS from a date after 1 April 2015
• younger fee-paid judges, who were not permitted to continue to accrue benefits in the Fee Paid Judicial Pension Scheme for any years of service after 1 April 2015, again, purely because they were younger
• a number of younger judges who were fee-paid before 1 April 2012 and became salaried before 1 April 2015, who accrued some pensionable service in respect of their salaried appointment in the JPS before 1 April 2015 but were unable to continue to accrue benefits in the JPS from 1 April 2015 because they were younger

a number of younger judges who were fee-paid before 1 April 2012 and became salaried on or after 1 April 2015, who would have accrued pensionable service in respect of their salaried appointment in the JPS had they been older, but instead are accruing pensionable service in respect of their salaried appointment in the NJPS, again, purely because they were younger.