Mr G Phillips v Woodcote High School — 2023

Mr G Phillips worked as a cleaner for Woodcote High School and remained employed. He turned 75 on 29 July 2020, and at that point he ceased to be a member of the respondent's occupational pension scheme because the LGPS Regulations 2013 set a maximum age of admission for active membership. After a grievance process and appeal, he pursued a claim that the school should continue to pay pension contributions after his 75th birthday, either into the LGPS, into another scheme, or by paying an equivalent amount directly to him as salary.

The tribunal treated the case as a direct age discrimination claim under s.13 and s.61 of the Equality Act 2010. It found that the claimant's argument depended on a misunderstanding or conflation of equal pay concepts and age discrimination, and that he had overlooked the Equality Act (Age Exceptions for Pension Schemes) Order 2010. The tribunal noted that the Order permits a minimum or maximum age for admission to an occupational pension scheme, and that the LGPS age cap of 75 fell within that exception.

The tribunal rejected the claimant's reliance on University of Sunderland v Drossou, because that case concerned the calculation of unfair dismissal compensation and pension contributions, which it said was a different point. It concluded unanimously that there was no basis for treating pay and pension contributions as the same so as to disapply the pension scheme age exception. The age discrimination claim was dismissed and no monetary award was made.