It is not every day that a group of over 200 judges get together to issue proceedings against the Ministry of Justice and the Lord Chancellor, Liz Truss. However, this is exactly what has happened; the London Central Employment Tribunal has just heard a group discrimination claim brought by said judges.

The triggering event for this large class action was the changes made to judicial pensions in 2015. The changes meant that judges born after 1 April 1957 had to leave the Judicial Pension Scheme and were instead offered membership of the New Judicial Pension Scheme. On the face of it, this does not appear to be discriminatory, even when taking into account the fact that the New Judicial Pension Scheme is less beneficial.

However, given the drive in recent years to diversify the judiciary (who have as a group been historically made up of WHAMs – white, heterosexual, able-bodied, men), there are now more female judges and more judges from BME backgrounds (black and minority ethnic) in the younger group who are being required to leave the more beneficial Judicial Pension Scheme.

The judges have claimed direct age discrimination, indirect race and sex discrimination, and equal pay. Solicitors acting for the judges have said that the government accepts the disadvantage, but argues that the treatment can be objectively justified and therefore is not unlawful discrimination.

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