22 July 2015
In the case of Trustees of Swansea University Pension Scheme v Williams, Mr Williams had retired because of ill-health at the age of 38 because of his disabilities. The rules of the University’s pension scheme entitled him to his pension, without actuarial reduction, based on his final salary. In the year leading up to his retirement, his annual salary had been reduced due to reasonable adjustments to his working hours having been made. In fact he was working half of his previous hours by the time he retired. This meant the pension he received was half what it would have been had he taken ill-health retirement when still working full-time.
Mr Williams brought a claim against the University and the pension scheme, arguing that basing his pension on the final salary, rather than the salary prior to adjustments to his working hours, amounted to discrimination arising from his disability contrary to the Equality Act 2010.
The Employment Tribunal found that he had been treated unfavourably by the rules of the scheme, since his disability had ‘caused him to have a lower pension than he would have done had his disability not caused him to work part-time’. It was agreed that the treatment arose in consequence of his disability. The Employment Tribunal was not satisfied that the treatment was objectively justified. The claim succeeded.
The Employment Appeal Tribunal disagreed and found that it was perverse to find that the scheme rules – which, in the event of ill-health retirement, provided for immediate payment of a pension based on final salary and without actuarial reduction amounted to unfavourable treatment. It was wrong to equate ‘unfavourable treatment’ with ‘detriment’. The Employment Appeal Tribunal noted that the Employment Tribunal had also overlooked the fact that ill-health retirement was only available to employees who met the definition of “disability” under the Equality Act 2010. The case was remitted to a fresh Employment Tribunal.
The judgement can be downloaded here: http://www.employmentappeals.gov.uk/Public/Upload/14_0415fhMSDM.doc
This case serves as a reminder for employers to ensure that reasonable adjustments are made for disabled staff and that where less favourable treatment arises from a disability, the employer can objectively justify the treatment. Speak to one of your bto specialist solicitors if this is an issue for you.
To discuss further please contact one of our BTO employment lawyers on 0141 221 8012.