Somerset County Council and another v Pike [2009] IRLR 870 CA

Reports relating to this case:

  • Equal pay: Rule in Teachers' Pension Scheme excluding retired teachers who return to part-time work potentially indirectly discriminatory

    10 November 2009

    In Somerset Council and another v Pike [2009] IRLR 870 CA, the Court of Appeal held that a pension scheme that excluded part-time work done by employees already in receipt of a pension was potentially discriminatory because it had a disproportionate impact on women. The Court of Appeal ruled that, in assessing whether or not there has been indirect discrimination, the relevant pool for comparison must exclude those who have no interest in the effect of the practice under challenge - in this case employees not yet in receipt of their pension.