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British Medical Association Challenges Legality of NHS Pension Scheme

It was announced yesterday that the BMA plans to take the Government to court over discriminatory aspects of the NHS Pension Scheme.

The BMA wrote to the UK Governments informing them of their intention to support their members in suing them for discrimination against doctors, by forcing many of them to join a pension scheme which will cause huge financial loss

Letters went to the Secretary of State for Health and Social Care, Matt Hancock, the Department of Health (Northern Ireland) and the Scottish Government on behalf of members in those nations. The letters inform them of the BMA’s intention to support a number of members in bringing age discrimination claims in an employment tribunal in respect to the discriminatory impact of the 2015 NHSPS.  You can read the full story here

We have commented extensively on this issue before in relation to the Armed Forces and have been asked to do so again.

‘Our position remains unchanged; we are adopting a wait and see policy and taking legal advice. This letter does however illustrate the differences between each scheme, ergo the need to proceed carefully  – the ‘tapered’ protection referred to in the letter does not apply to the Armed Forces Scheme where there is no tapering, because a completely different transfer mechanism was used.  But if, in the light of events we did see fit to challenge the Armed Forces Scheme it is most unlikely that we would do so for one cohort only’

You can read more from us on this topic below

The AFPS 2015 Transition Debate: Readout from the PSPC Executive Committee

Fire Brigades, Judges, Widows and Social Media






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